3.1

Draft Development Consent Order

River Humber Gas Pipeline Replacement Project

Under Regulation 5(2)(b) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

D O

C U

M E

N T

Application Reference: EN060004

April 2015

S T A T U T O R Y I N S T R U M E N T S

201[●] No. [●]

INFRASTRUCTURE PLANNING

The River Humber (Gas Pipeline Replacement) Order 201[●]

Made - - - - ***

Coming into force - - ***

CONTENTS

PART 1

PRELIMINARY

1. Citation and Commencement

2. Interpretation

3. Application, modification and disapplication of legislative provisions

PART 2

WORKS PROVISIONS

Principal powers

4. Development consent etc. granted by the Order

5. Maintenance of the authorised development

6. Limits of deviation

7. Defence to proceedings in respect of statutory nuisance

Benefit of Order

8. Benefit of Order

Streets

9. Street works

10. Power to alter layout, etc. of streets

11. Construction and maintenance of new, altered or diverted streets

12. Temporary stopping up of streets and public rights of way

13. Access to works

14. Traffic regulation

15. Agreements with street authorities

Supplemental powers

16. Discharge of water

17. Authority to survey and investigate the land

18. Removal of human remains

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PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

19. Compulsory acquisition of land

20. Compulsory acquisition of rights

21. Extinguishment and suspension of private rights

22. Acquisition of subsoil only

23. Power to override easements and other rights

24. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

Temporary possession of land

25. Temporary use of land for carrying out the authorised development

26. Temporary use of land for maintaining the authorised development

Compensation

27. Disregard of certain interests and improvements

28. Set-off for enhancement in value of retained land

29. No double recovery

Supplementary

30. Acquisition of part of certain properties

31. Statutory undertakers

32. Recovery of costs of new connections

33. Time limit for exercise of authority to acquire land compulsorily

34. Rights under or over streets

35. Incorporation of the mineral code

PART 4

MISCELLANEOUS AND GENERAL

36. Application of landlord and tenant law

37. Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access

Act 2009

38. Operational land for purposes of the 1990 Act

39. Felling or lopping of trees or shrubs

40. Protective provisions

41. Crown Rights

42. Certification of plans etc.

43. Service of notices

44. Arbitration

45. Requirements

46. Procedure in relation to certain approvals etc.

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

SCHEDULE 2 — PLANS

PART 1 — WORKS PLANS

PART 2 — LAND PLANS

PART 3 — ACCESS AND RIGHTS OF WAY PLANS

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SCHEDULE 3 — REQUIREMENTS

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

SCHEDULE 6 — STREETS AND PUBLIC RIGHTS OF WAY TO BE

TEMPORARILY STOPPED UP

SCHEDULE 7 — ACCESS TO WORKS

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE

TAKEN

SCHEDULE 9 — DEEMED MARINE LICENCE UNDER PART 4 (MARINE

LICENSING) OF THE MARINE AND COASTAL ACCESS

ACT 2009

PART 1 — INTRODUCTION

PART 2 — LICENSED ACTIVITIES

PART 3 — ENFORCEMENT

PART 4 — CONDITIONS

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER

AND SEWERAGE UNDERTAKERS

PART 2 — FOR THE PROTECTION OF OPERATORS OF

ELECTRONIC COMMUNICATIONS CODE NETWORKS

PART 3 — FOR THE PROTECTION OF THE ENVIRONMENT

AGENCY

SCHEDULE 11 — MODIFICATION OF COMPENSATION AND

COMPULSORY PURCHASE ENACTMENTS FOR

CREATION OF NEW RIGHTS

SCHEDULE 12 — PROCEDURE IN RELATION TO CERTAIN APPROVALS

ETC.

CONTENTS

An application was made to the Secretary of State in accordance with section 37 of the Planning

Act 2008(a) for an order under sections 37, 114, 115, 120 and 122 of that Act.

The Examining authority(b) appointed by the Secretary of State examined the application in

accordance with Chapter 4 of Part 6 of that Act(c) and made a recommendation under section 74

of that Act(d) that the application should be granted.

The Secretary of State, having the function of deciding the application(e), in exercise of the

powers conferred by sections 103, 114, 115, 120 and 122 of that Act, makes the following Order—

(a) 2008 c.29; section 37 is amended by the Localism Act 2011 (c. 20) s.137 and Sch. 13, para.5(2), (3). (b) See section 86 of the Planning Act 2008 as amended by the Localism Act 2011, Sch. 13 para.37. (c) The provisions of that Part are amended by the Localism Act 2011. (d) Section 74 is amended by the Localism Act 2011, Sch.13 para.29(3) and Sch. 25 para.1. (e) See section 103 of the Planning Act 2008 as amended by the Localism Act 2011 Schs. 13, 25.

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PART 1

PRELIMINARY

Citation and Commencement

1. This Order may be cited as the River Humber (Gas Pipeline Replacement) Order 201[●] and

comes into force on [●] 201[●].

Interpretation

2.—(1) In this Order, unless the context requires otherwise—

“the 1961 Act” means the Land Compensation Act 1961(a);

“the 1965 Act” means the Compulsory Purchase Act 1965(b);

“the 1980 Act” means the Highways Act 1980(c);

“the 1984 Act” means the Road Traffic Regulation Act 1984(d);

“the 1990 Act” means the Town and Country Planning Act 1990(e);

“the 1991 Act” means the New Roads and Street Works Act 1991(f);

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009(g)

“access and rights of way plans” means the plans certified as the access and rights of way by

the Secretary of State for the purposes of this Order and listed in Part 3 of Schedule 2 (plans);

“AGI” means an Above Ground Installation facility for the safe operation and maintenance of

a pipeline;

“authorised development” means the development and associated development described in

Schedule 1 (authorised development) and any other development authorised by this Order,

which is development within the meaning of section 32 of the 2008 Act;

“the book of reference” means the book of reference certified by the Secretary of State as the

book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“cathodic protection” means a technique used to control corrosion of a metal surface by making

the metal surface a cathode of an electrochemical cell;

“commence” means the carrying out of a material operation, as defined in section 155 of the

2008 Act (when development begins), comprised in or carried out for the purposes of the

authorised development, but does not include any demolition, site clearance, remediation,

environmental (including archaeological) investigation, site or soil survey, erection of

contractors’ work compound, erection of site office, erection of fencing to site boundaries or

marking out of site boundaries;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the

2008 Act;

“drainage works” means that part of the authorised development comprised in paragraph (j)

(further associated development) of Schedule 1 (authorised development) and such other

further associated development in connection with that paragraph as is listed at paragraphs

( a ) , ( c ) , ( d ) , ( e ) , ( f ) , ( g ) , ( h ) , ( i ) , ( k ) of that Schedule;

(a) 1961 c.33. (b) 1965 c.56. (c) 1980 c.66. (d) 1984 c. 27. (e) 1990 c.8. (f) 1991 c.22. (g) 2009 c.23.

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“environmental statement” means the statement certified as the environmental statement by the

Secretary of State for the purposes of this order, together with any supplemental or additional

environmental statement submitted for the purposes of complying with and/or discharging the

requirements in schedule 3 (requirements) or conditions in schedule 9 (deemed marine licence);

“Goxhill AGI” means the existing National Grid Gas AGI at Goxhill in North Lincolnshire as

indicated on works plan 5;

“highway” has the same meaning as in the 1980 Act;

“highway authority” means North Lincolnshire Council or East Riding of Yorkshire Council

as the case may be including their successor and where the relevant matter is located in

the administrative areas of both then it means both;

“the land plans” means the plans certified as the land plans by the Secretary of State for

the purposes of this Order and listed in Part 2 of Schedule 2 (plans);

“maintain” (except as provided in Part 5 of Schedule 9) includes inspect, maintain, adjust, alter,

repair, test, cleanse, re-lay, divert (in accordance with articles 5 (maintenance of authorised

development) and 6 (limits of deviation)), make safe, decommission, reconstruct, demolish,

abandon, replace, remove and improve the authorised development or any of its parts (but not

so as to vary from the description of the authorised development in Schedule 1); and any

derivative of “maintain” must be construed accordingly;

“National Grid Gas” means National Grid Gas Plc (company number 2006000) whose

registered office is at 1 - 3 Strand, London, WC2N 5EH;

“Order land” means the land shown on the land plans which is within the limits of land,

and interests in or rights over land, to be acquired and/or used and described in the book of

reference;

“the Order limits” means the limits shown on the works plans within which the authorised

development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land

Act 1981(a);

“Paull AGI” means the existing National Grid Gas AGI at Paull in the East Riding of Yorkshire

as indicated on works plan 7;

“relevant planning authority” means North Lincolnshire Council or East Riding of Yorkshire

Council as the case may be including their successor and where the relevant matter is located

in the administrative areas of both then it means both;

“statutory undertaker” means any person falling within section 127(8) and 138(4A) of the 2008

Act or who has the benefit of the protective provisions in Schedule 10;

“stopple” means a device inserted into a pipeline and opened to achieve the isolation or stopping

of flow in a live pipeline;

“stopple and bypass pit” means an excavation around the existing gas pipeline for the purposes

of fitting a series of stopple tees to allow the tie-in of Work No. 1 to the existing gas pipeline,

and a temporary bypass to maintain the supply of gas during tie-in works;

“stopple tee” means an encirclement device to allow insertion of a stopple into a pipeline;

“street” means a street within the meaning of section 48 of the 1991 Act(b), together with land

on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“traffic authority” has the meaning given in section 121A (traffic authorities) of the 1984 Act;

“true clean bed” means the interface between accumulated deposits and the underlying drift or

solid geology of the Humber Estuary;

(a) 1981 c.67; the definition of “owner” is amended by the Planning and Compensation Act 1991 (c. 34), Sch.15(I) para.9. (b) Section 48 is amended by the Local Transport Act 2008 (c. 26), Pt 7 s.124(2).

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“UK marine area” has the same meaning as in section 42 of the 2009 Act(a);

“undertaker” means the person who has the benefit of this Order in accordance with article 8 of

this Order;

“watercourse” includes rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices,

sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the plans certified as the works plans by the Secretary of State for

the purposes of this Order and listed in part 1 of Schedule 2 (plans).

(2) Save for the definition of the “undertaker”, the definitions in paragraph (1) do not apply to

Schedule 9 (deemed marine licence under Part 4 (marine licensing) of the Marine and Coastal

Access Act 2009).

(3) References in this Order to rights over land include references to rights to do or to place

and maintain, anything in, on or under land or in the air-space above its surface.

(4) All distances, directions and lengths referred to in this Order and any document referred to

in this Order are approximate and distances between points on a work comprised in the authorised

development are taken to be measured along that work (and in particular in respect of scheduled

linear works referred to in this Order all distances are measured along the indicative pipeline

route as shown on the works plans for that work).

(5) All areas described in square metres in the book of reference are approximate.

(6) A reference in this Order to a work designated by a number, or by a combination of letters

and numbers (for example, “Work No. 2”), is a reference to the work so designated in Schedule 1

(authorised development).

(7) A reference in this Order to a document or plan required to be submitted for certification

under article 42 (certification of plans etc.) is a reference to the version of that document or plan

that has been certified under article 42.

Application, modification and disapplication of legislative provisions

3.—(1) The following provisions do not apply in relation to the construction of works carried out

for the purpose of, or in connection with, the construction or maintenance of the authorised

development—

(a) byelaws 11 (erection and alteration of structures), 12 (underground pipes/cables) and 20

(protection of sea banks) of the Yorkshire Land Drainage Byelaws 1980.

(2) A power conferred by this Order may be exercised despite, and without having regard to, any

provision of byelaws made by the East Riding of Yorkshire Council in its capacity as lead local

flood authority; but this paragraph does not apply to a provision which permits the taking of any

action with the consent of East Riding of Yorkshire Council, of an internal drainage board or of the

Environment Agency.

PART 2

WORKS PROVISIONS

Principal powers

Development consent etc. granted by the Order

4. Subject to the provisions of this Order and to the requirements in Schedule 3 (requirements) the

undertaker is granted—

(a) development consent for the authorised development to be carried out within the Order

limits; and

(b) consent to use the authorised development for the purposes for which it is designed.

(a) 2009 c.23.

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Maintenance of the authorised development

5.—(1) The undertaker may at any time maintain the authorised development within the Order

limits.

(2) No maintenance works whose likely significant effects on the environment are not described

in the environmental statement may take place, except for the maintenance works associated with

an emergency.

Limits of deviation

6.—(1) Save in relation to the drainage works (in which case paragraph (2) applies), the

undertaker may—

(a) in respect of the location of any work comprised in the authorised development

deviate laterally from the lines or situations shown on the works plans to the extent of

the limits of deviation for that work shown on those plans; and

(b) in respect of Work No.1 deviate vertically;

(i) for each or any part of Work No. 1 referred to in column 1 of the table below, to the

limit upwards specified in relation to that part of Work No.1 in column 2 of that table;

(ii) to any extent downwards as may be found necessary or practical to a maximum depth

of 70 metres below the surface of the ground; and

(iii) except that subparagraph (i) does not apply to those parts of Work No.1 that are built

within the Goxhill AGI and the Paull AGI.

(1)

Scheduled Work

(2)

Upwards Vertical Deviation Limits

Below ground

level (m)

Below

watercourses (m)

Below true clean

bed (m)

Below highways

(m)

1A

1.2 1.7 Not applicable Not applicable

1B

4.0 1.7 7.0 Not applicable

1C

1.2 1.7 Not applicable 2.0

(c) deviate or place Work Nos. 2, 3, 4, 7 and 8 laterally and vertically to the limits set for these

works in part 1 of Schedule 1.

(d) carry out construction activities for the purposes of the authorised development

anywhere within the Order limits.

(2) The undertaker may construct the drainage works anywhere within the Order limits.

Defence to proceedings in respect of statutory nuisance

7.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act

1990(a) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance

falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be

prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under

section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(a) 1990 c.43; section 82 is amended by section 5 of the Noise and Statutory Nuisance Act 1993 (c.40), Schedule 17 to the

Environmental Act 1995 (c.25) and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16).

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(i) relates to premises used by the undertaker for the purposes of or in connection with

the construction or maintenance of the authorised development and that the

nuisance is attributable to the carrying out of the authorised development in

accordance with a notice served under section 60 (control of noise on construction

site), or a consent given under section 61 (prior consent for work on construction site)

or 65 (noise exceeding registered level), of the Control of Pollution Act 1974(a); or

(ii) is a consequence of the construction or maintenance of the authorised development

and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with

the use of the authorised development and that the nuisance is attributable to the use

of the authorised development which is being used in accordance with paragraph 11

of Schedule 3 (requirements); or

(ii) is a consequence of the use of the authorised development and that it cannot

reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of

itself constitute a defence to proceedings under section 82 of the Environmental Protection Act

1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding

provision in relation to consent for registered noise level to be exceeded), do not apply where the

consent relates to the use of premises by the undertaker for the purposes of or in connection with

the construction or maintenance of the authorised development.

Benefit of Order

Benefit of Order

8.—(1) The provisions of this Order have effect solely for the benefit of National Grid Gas.

(2) Paragraph (1) does not apply to the benefit of the consent granted by this Order for works

carried out by the undertaker for the benefit or protection of land or persons (including statutory

undertakers) affected by the authorised development.

Streets

Street works

9.—(1) The undertaker may, for the purposes of the authorised development, enter on so much

of any of the streets specified in Schedule 4 (streets subject to street works) as is within the Order

limits and may—

(a) break up or open the street, or any sewer, drain or tunnel under it (including for the

purposes of carrying out surveys to ascertain the location of apparatus);

(b) tunnel or bore under the street;

(c) place apparatus in or under the street;

(d) maintain apparatus in or under the street or change its position; and

(e) execute any works required for or incidental to any works referred to in sub-paragraphs (a)

to (d) above.

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3)

(streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the

1991 Act(b).

(3) The provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out

under paragraph (1) save that—

(a) 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental

Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to this Order. (b) Section 48 is amended by the Local Transport Act 2008 (c.26) s.124(2); section 51 is amended by Schedule 1 to the Traffic

Management Act 2004 (c.18).

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(a) section 61(1) of the 1991 Act (under which the consent of the street authority is required

for the placing of apparatus in a protected street) does not apply to the placing of apparatus

in the course of the authorised development;

(b) section 62(2) of the 1991 Act (power following the designation of a protected street to

require removal or repositioning of apparatus already placed in the street) does not,

unless otherwise agreed with the undertaker, apply in relation to apparatus placed in the

course of the authorised development;

(c) section 62(4) of the 1991 Act (power when a designation as a protected street commences

or ceases to give directions with respect to works in progress) does not, unless otherwise

agreed with the undertaker, apply in relation to the authorised development.

(4) In this article “apparatus” and “street works” have the same meanings as in Part 3 of the 1991

Act save that “apparatus” further includes pipelines (and parts of them), aerial markers, cathodic

protection test posts, field boundary markers, monitoring kiosks and electricity cabinets.

Power to alter layout, etc. of streets

10.—(1) The undertaker may alter the layout of a street specified in column (2) of Schedule 5

(streets subject to alteration of layout) in the manner specified in relation to that street in column

(3).

(2) Without prejudice to the specific powers conferred by article 4 (development consent etc.

granted by the Order) or paragraph (4) but subject to paragraph (3), the undertaker may, for the

purposes of constructing and maintaining the authorised development, alter the layout of any street

within the Order limits and the layout of any street having a junction with such a street; and, without

limiting the scope of this paragraph, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb,

footpath, footway, cycle track, verge or central reservation within the street;

(b) alter the level or increase the width of any such kerb, footpath, footway, cycle track, verge

or central reservation;

(c) reduce the width of the carriageway of the street;

(d) make crossovers and passing places;

(e) carry out works for the provision or alteration of parking places, loading bays and

cycle tracks; and

(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a)

to (e) above.

(3) The powers conferred by paragraph (2) must not be exercised without the consent of the

street authority but such consent must not be unreasonably withheld or delayed.

(4) The undertaker may, for the purposes of the authorised development, enter on so much of

any of the streets specified in Schedule 4 (streets subject to street works) and Schedule 5 (streets subject to alteration of layout) as is within the Order limits and may—

(a) demolish, remove, replace and relocate any bus shelter and associated bus stop

infrastructure;

(b) execute any works to provide or improve sight lines required by the highway authority;

(c) remove and replace kerbs and flume ditches for the purposes of creating permanent

and temporary accesses;

(d) execute and maintain any works to provide hard and soft landscaping;

(e) carry out re-lining and placement of new temporary markings; and

(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a)

to (e) above.

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Construction and maintenance of new, altered or diverted streets

11.—(1) Any street to be constructed under this Order in respect of which the undertaker has

given the highway authority notice that this paragraph applies must be completed to the reasonable

satisfaction of the highway authority and, unless otherwise agreed with the highway authority, must

be maintained by and at the expense of the undertaker for a period of 24 months from its completion

and at the expiry of that period by and at the expense of the highway authority.

(2) Where a street is altered or diverted under this Order, the altered or diverted part of the street

must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed

with the street authority, be maintained by and at the expense of the undertaker for a period of 24

months from its completion and at the expiry of that period by and at the expense of the street

authority.

(3) Where any street not previously part of the public highway is constructed pursuant to this

Order it will on the undertaker giving notice to the highway authority (and street authority if

different) that this paragraph applies be deemed to be dedicated for public use as highway on the

completion of that street.

(4) Paragraphs (1) to (3) do not apply in relation to the structure of any bridge carrying a street.

(5) In any action against the undertaker in respect of loss or damage resulting from any failure by

it to maintain a street under this article, it will be a defence (without prejudice to any other

defence or the application of the law relating to contributory negligence) to prove that the

undertaker had taken such care as in all the circumstances was reasonably required to secure that

the part of the street to which the action relates was not dangerous to traffic.

(6) For the purposes of a defence under paragraph (5), the court must in particular have regard

to the following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such

traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the undertaker knew, or could reasonably have been expected to know, that

the condition of the part of the street to which the action relates was likely to cause

danger to users of the street;

(e) where the undertaker could not reasonably have been expected to repair that part of the

street before the cause of action arose, what warning notices of its condition had been

displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged

for a competent person to carry out or supervise the maintenance of the part of the street to which

the action relates unless it is also proved that the undertaker had given the competent person proper

instructions with regard to the maintenance of the street and that the competent person had

carried out those instructions.

(7) Nothing in this article—

(a) prejudices the operation of section 87 of the 1991 Act (prospectively maintainable

highways); and the undertaker is not by reason of any duty under that section to maintain

a street to be taken to be a street authority in relating to that street for the purposes of Part

3 of that Act; or

(b) has effect in relation to the street works with regard to which the provisions of Part 3 of

the 1991 Act apply.

Temporary stopping up of streets and public rights of way

12.—(1) The undertaker, during and for the purposes of carrying out the authorised development,

may temporarily stop up, alter or divert any street or any public right of way and may for any reasonable time—

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(a) divert the traffic or a class of traffic from the street or public right of way; and

(b) subject to paragraph (2), prevent all persons from passing along the street or public right

of way.

(2) The undertaker must provide reasonable access for pedestrians going to or from premises

abutting a street or public right of way affected by the temporary stopping up, alteration or diversion

of a street or public right of way under this article if there would otherwise be no such access.

(3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up,

alter or divert the streets or public rights of way specified in Schedule 6 (streets and public rights

of way to be temporarily stopped up) to the extent specified, by reference to the letters and numbers

shown on the access and rights of way plans, in column 3.

(4) The undertaker may not temporarily stop up, alter or divert—

(a) any street or public right of way specified as mentioned in paragraph (3) without first

consulting the highway authority; and

(b) any other street or public right of way without the consent of the highway authority,

which must not be unreasonably withheld or delayed but the highway authority may

attach reasonable conditions to any such consent.

(5) Any person who suffers loss by the suspension of any private right of way under this

article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

Access to works

13.—(1) The undertaker may, for the purposes of the construction and/or the maintenance of

the authorised development—

(a) form and lay out means of access, or improve existing means of access, as specified

in columns (1) and (2) of Schedule 7 (access to works); and

(b) with the approval of the relevant planning authority, which is not to be unreasonably

withheld or delayed, after consultation with the highway authority, form and lay out such

other means of access or improve existing means of access, at such locations within the

Order limits as the undertaker reasonably requires for the purposes of the authorised

development.

Traffic regulation

14.—(1) Subject to the provisions of this article and the consent of the traffic authority in whose

area the road concerned is situated, which consent must not be unreasonably withheld or delayed,

the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection

with construction, operation, or maintenance of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if

made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles

on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road;

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(2) The undertaker may not exercise the powers in paragraph (1) unless it has—

(a) given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer

of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within

7 days of its receipt of notice of the undertaker’s intention under sub-paragraph (a).

(3) Any prohibition, restriction or other provision made by the undertaker under paragraph (1)—

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(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated as a traffic regulation order

under the 1984 Act; or

(ii) the local authority in whose area the road is situated as an order under section 32 of

the 1984 Act; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management

Act 2004(a) (road traffic contraventions subject to civil enforcement).

(4) Any prohibition, restriction or other provision made under this article may be suspended,

varied or revoked by the undertaker from time to time by subsequent exercise of the powers

conferred by paragraph (1) at any time.

(5) Before complying with the provisions of paragraph (2) the undertaker must consult the chief

officer of police and the traffic authority in whose area the road is situated.

(6) Expressions used in this article and in the 1984 Act have the same meaning in this article as

in that Act.

Agreements with street authorities

15.—(1) A street authority and the undertaker may enter into agreements with respect to—

(a) the construction of any new street including any structure carrying the street over or under

any part of the authorised development;

(b) the strengthening, improvement, repair or reconstruction of any street under the powers

conferred by this Order;

(c) any stopping up, alteration or diversion of a street authorised by this Order; or

(d) the carrying out in the street of any of the works referred to in article 10(1) (street works).

(2) Such an agreement may, without prejudice to the generality of paragraph (1)—

(a) make provision for the street authority to carry out any function under this Order which

relates to the street in question;

(b) include an agreement between the undertaker and street authority specifying a reasonable

time for completion of the works; and

(c) contain such terms as to payment and otherwise as the parties consider appropriate.

Supplemental powers

Discharge of water

16.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage

of water in connection with the carrying out or maintenance of the authorised development and for

that purpose may lay down, take up and alter pipes and may, on any land within the Order limits

make opening into, and connections with, that watercourse, public sewer or drain.

(2) Any dispute arising from the making of connection to or the use of public sewer or drain by

the undertaker pursuant to paragraph (1) must be determined as if it were a question arising under

section 106 of the Water Industry Act 1991(b) (right to communicate with public sewers).

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain

except with the consent of the person to whom it belongs; and such consent may be given subject to

such terms and conditions as that person may reasonably impose, but must not be unreasonably

withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) 2004 c.18. (b) 1991 c.56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c.43) and by

sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

13

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but

such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to observe the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage

or interfere with the bed or banks of any watercourse forming part of a main river unless otherwise

authorised under the provisions of Part 3 (for the protection of the Environment Agency) of Schedule

10 (protective provisions) of this Order.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water

discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be

practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) This article does not authorise a groundwater activity or a water discharge activity within the

meaning of the Environmental Permitting (England and Wales) Regulations 2010(a).

(8) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to the Homes and

Communities Agency, the Environmental Agency, a harbour authority within the meaning

of section 57 of the Harbours Act 1964(b) (interpretation), an internal drainage board, a

joint planning board, a local authority, a National Park Authority, a sewerage undertaker(c)

or an urban development corporation; and

(b) other expressions, excluding watercourse, used both in this article and in the Environmental

Permitting (England and Wales) Regulations 2010 have the same meaning as in those

Regulations.

Authority to survey and investigate the land

17.—(1) The undertaker may for the purposes of this Order enter on any land shown within the

Order limits or which may be affected by the authorised development and—

(a) survey and/or investigate the land;

(b) without prejudice to the generality of sub-paragraph (a), make trial holes in such positions

on the land as the undertaker thinks fit to investigate the nature of the surface layer and/or

subsoil and/or to remove soil samples;

(c) without prejudice to the generality of sub-paragraph (a), carry out ecological,

hydrogeological and/or archaeological investigations on the land; and/or

(d) place on, leave on and remove from the land apparatus for use in connection with the

survey and/or investigation of land, the making of trial holes.

(2) The power conferred by sub-paragraph (1)(c) includes without prejudice to the generality of

that sub-paragraph the power to take, and process, samples of or from any of the following found

on, in or over the land—

(a) water;

(b) air;

(c) soil or rock;

(d) its flora;

(e) bodily excretions, or dead bodies, of non-human creatures; or

(f) any non-living thing present as a result of human action.

(3) No land may be entered or equipment placed or left on or removed from the land under

paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the

land.

(4) Any person entering land under this article on behalf of the undertaker—

(a) S.I.2010/675. “Groundwater activity” is defined in paragraph 3 of Schedule 22; and “water discharge activity” in paragraph

3 of Schedule 21. (b) 1964 c.40. (c) “Sewerage undertaker” is defined in Schedule 1 to the Interpretation Act 1978 (c.30).

14

(a) must, if so required entering the land, produce written evidence of their authority to do so;

and

(b) may take with them such vehicles and equipment as are necessary to carry out the

survey, investigation, monitoring, or to make the trial holes.

(5) No trial holes may be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority;

or

(b) in a private street without the consent of the street authority, but such consent must not be

unreasonably withheld or delayed.

(6) The undertaker must compensate the owners and occupiers of the land for any loss or

damage arising by reason of the exercise of the authority conferred by this article, such

compensation to be determined, in case of dispute, under Part 1 (determination of questions of

disputed compensation) of the 1961 Act.

Removal of human remains

18.—(1) In this article “the specified land” means any land within the Order limits.

(2) Before the undertaker carries out any development or works which will or may disturb

any human remains in the specified land it must remove those human remains from the specified

land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Before any such remains are removed from the specified land the undertaker must give notice

of the intended removal, describing the specified land and stating the general effect of the following

provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in

the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3)

the undertaker must send a copy of the notice to the relevant planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any

person who is a personal representative or relative of any deceased person whose remains are

interred in the specified land may give notice in writing to the undertaker of that person’s intention

to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can

be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally

take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide

to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is

the personal representative or relative as that person claims to be, or that the remains in question

can be identified, the question must be determined on the application of either party in a summary

manner by the county court, and the court may make an order specifying who must remove the

remains and as to the payment of the costs of the application.

(8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating

the remains of any deceased person under this article.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph

has been given to the undertaker in respect of any remains in the specified land; or

15

(b) such notice is given and no application is made under paragraph (7) within 56 days after

the giving of the notice but the person who gave the notice fails to remove the remains

within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (7) any

person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred

in such burial ground or cemetery in which burials may legally take place as the undertaker

thinks suitable for the purpose; and, so far as possible, remains from individual graves must be re-

interred in individual containers which must be identifiable by a record prepared with reference

to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal

representative or relative as that person claims to be and that the remains in question can be

identified, but that person does not remove the remains, the undertaker must comply with any

reasonable request that person may make in relation to the removal and re-interment or cremation

of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation must be sent by the undertaker to the

Registrar General by the undertaker giving the date of re-interment or cremation and

identifying the place from which the remains were removed and the place in which they

were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in

paragraph (9) must be sent by the undertaker to the relevant planning authority mentioned

in paragraph (4).

(12) The removal of the remains of any deceased person under this article must be carried out

in accordance with any directions which may be given by the Secretary of State.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised

by the district judge of the court.

(14) Section 25 of the Burial Act 1857(a) (bodies not to be removed from burial grounds, save

under faculty, without licence of Secretary of State) does not apply to a removal carried out

in accordance with this article.

(15) Sections 238 and 239 of the 1990 Act (use and development of consecrated land and burial

grounds) apply—

(a) in relation to land, other than a right over land, acquired for the purposes of the

authorised development (whether or not by agreement), so as to permit use by the

undertaker in accordance with the provisions of this Order; and

(b) in relation to a right over land so acquired (whether or not by agreement), or the

temporary use of land pursuant to articles 28 (temporary use of land for carrying out

the authorised development) and 29 (temporary use of land for maintaining the authorised

development), so as to permit the exercise of that right or the temporary use by the

undertaker in accordance with the provisions of this Order, without prejudice to the status

of the land over which the right is exercised as consecrated land,

and in section 238(1)(b) of the 1990 Act reference to a “planning permission” includes this Order,

in section 240(1) of the 1990 Act reference to “regulations made for the purposes of sections 238(3)

and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this

Order, paragraphs (2) to (13) of this article and in section 240(3) of the 1990 Act reference to a

“statutory undertaker” includes the undertaker and reference to “any other enactment” includes this

Order.

(a) 1857 c.81; section 25 is amended by the Criminal Justice Act 1982 (c.48) s.46.

16

(16) The Town and Country Planning (Churches, Places of Religious Worship and Burial Ground)

Regulations 1950(a) do not apply to the authorised development.

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Compulsory acquisition of land

19.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for

the authorised development or to facilitate it, or is incidental to it.

(2) As from the date on which a compulsory acquisition notice under section 134(3) (notice of

authorisation of compulsory acquisition) of the 2008 Act is served or the date on which the Order

land, or any part of it, is vested in the undertaker, whichever is the later, all rights, trusts and

incidents to which that land or that part of it which is vested (as the case may be) was

previously subject are discharged or suspended, so far as their continuance would be inconsistent

with the exercise of the powers under this Order.

(3) Any person who suffers loss by the extinguishment or suspension of any private right under

this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961

Act.

(4) This article is subject to article 22 (acquisition of subsoil only) and article 25 (temporary

use of land for carrying out the development).

Compulsory acquisition of rights

20.—(1) The undertaker may acquire compulsorily the existing rights and create and acquire

compulsorily the new rights described in the book of reference and shown on the land plans.

(2) As from the date on which a compulsory acquisition notice is served or the date on which any

new right is vested in the undertaker, whichever is the later, the land over which any new rights is

acquired is discharged from all rights, trusts and incidents to which it was previously subject so

far as their continuance would be inconsistent with the exercise of that new right.

(3) Subject to section 8 of the 1965 Act, as substituted by article 30 (acquisition of part of

certain properties), where the undertaker acquires an existing right over land under paragraph (1),

the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 11 (modification of compensation and compulsory purchase enactments for

creation of new rights) has effect for the purpose of modifying the enactments relating to

compensation and the provisions of the 1965 Act in their application in relation to the compulsory

acquisition under this article of a right over land by the creation of a new right or the imposition of a

restrictive covenant.

(5) Any person who suffers loss as a result of the extinguishment or suspension of any private

right under this article is entitled to compensation to be determined, in case of dispute, under Part 1

of the 1961 Act.

Extinguishment and suspension of private rights

21.—(1) Subject to the provision of this article, all private rights and restrictive covenants over

land subject to compulsory acquisition under this Order are extinguished—

(a) as from the date of acquisition by the undertaker of the land whether compulsorily or by

agreement; or

(a) S.I. 1950/792.

17

(b) on the date of entry, on the land by the undertaker under section 11(1) of the 1965 Act

(power of entry),

whichever is the earliest.

(2) Subject to the provisions of this article, all private rights and restrictive covenants over land

owned by the undertaker which, being within the Order limits, is required for the purposes of this

Order, are extinguished on the commencement of any activity authorised by this Order which

interferes with or breaches such rights or such restrictive covenants.

(3) Subject to the provisions of this article, all private rights or restrictive covenants over land

subject to compulsory acquisition of rights or the imposition of restrictions under the Order shall be

extinguished in so far as their continuance would be inconsistent with the exercise of the right

acquired or the burden of the restriction imposed—

(a) as from the date of the acquisition of the right or the benefit of the restriction by the

undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in

pursuance of the right;

whichever is the earliest.

(4) Subject to the provisions of this article, all private rights or restrictive covenants over land of

which the undertaker takes temporary possession under this Order are suspended and unenforceable

for as long as the undertaker remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right or

restrictive covenant under this article is entitled to compensation to be determined, in case of dispute,

under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 of the 2008 Act

(extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 35

(statutory undertakers) applies.

(7) Paragraphs (1) to (3) and (5) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or rights or the imposition of restrictive

covenants over or affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made, in so far as it relates to the authorised development, at any time

between the undertaker and the person in or to whom the right or restrictive covenant in

question is vested, belongs or benefits.

(8) If any such agreement as is referred to in paragraph 7(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that

person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after

the making of the agreement.

(9) Reference in this article to private rights and restrictive covenants over land includes any trust,

incident, easement, wayleave, liberty, privilege, right or advantage annexed to land and adversely

affecting other land, including any natural right to support.

18

Acquisition of subsoil only

22.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of

the land referred to in paragraph 19(1) of article 19 (compulsory acquisition of land) as may be

required for any purpose for which that land may be acquired under that provision instead of

acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph

(1), the undertaker is not required to acquire an interest in any other part of the land.

(3) Paragraph (2) does not prevent article 30 (acquisition of part of certain properties) from

applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a

house, building or manufactory.

Power to override easements and other rights

23.—(1) Any authorised activity which takes place on land within the Order limits (whether the

activity is undertaken by the undertaker or by any person deriving title from the undertaker or by

any servants or agents of the undertaker) is authorised by this Order if it is done in accordance with

the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a) the erection, construction or carrying out, operation or maintenance of any part of

the authorised development;

(b) the exercise of any power authorised by this Order; or

(c) the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege,

right or advantage annexed to land and adversely affecting other land, including any natural right

to support and include restrictions as to the user of land arising by virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 or 10 of the 1965 Act(a); and

(b) must be assessed in the same manner and subject to the same rules as in the case of

other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that

Act.

(5) Nothing in this article may be construed as authorising any act or omission on the part of any

person which is actionable at the suit of any person on any grounds other than such an interference

or breach as is mentioned in paragraph (1) of this article.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

24.—(1) The Compulsory Purchase (Vesting Declarations) Act 1981(b) applies as if this Order

were a compulsory purchase order and as if the undertaker were a public authority under section

1(2) of that Act.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with

the following modifications.

(3) In section 3 (preliminary notices), for subsection (1) there is substituted—

“(1) Before making a declaration under section 4 with respect to any land which is subject

to a compulsory purchase order, the acquiring authority must include the particulars

(a) There are amendments that are not relevant to this Order. (b) 1981 c.66.

19

specified in subsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to

which the declaration is to be made (other than a mortgagee who is not in

possession); and

(b) published in a local newspaper circulating in the area in which the land is

situated.”.

(4) In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given”

there is inserted “and published”.

(5) In that section, for subsections (5) and (6) there is substituted—

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) that person is for the time being entitled to dispose of the fee simple of

the land, whether in possession or in reversion; or

(b) that person holds, or is entitled to the rents and profits of, the land under

a lease or agreement, the unexpired term of which exceeds one month.”.

(6) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there is inserted “in a local newspaper circulating in

the area in which the land is situated”; and

(b) subsection (2) is omitted.

(7) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by

section 4 of the Acquisition of Land Act 1981)” are omitted.

(8) References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 are

to be construed as references to that Act as applied by section 125 of the 2008 Act to the

compulsory acquisition of land under this Order.

Temporary possession of land

Temporary use of land for carrying out the authorised development

25.—(1) The undertaker may, in connection with the carrying out of the authorised

development—

(a) enter on and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 8 (land of which temporary

possession may be taken) for the purpose specified in relation to that land in column

(3) of that Schedule relating to the part of the authorised development specified in

column (4) of that Schedule;

(ii) any Order land in respect of which no notice of entry has been served under section

11 of the 1965 Act (powers of entry) (other than in connection with the requisition

of rights only) and no declaration has been made under section 4 of the

Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration)

for the purposes of constructing and carrying out the authorised development;

(b) remove any buildings and vegetation from the land referred to in paragraphs (1)(a)(i)

and (a)(ii);

(c) construct temporary works (including the provision of means of access) and buildings on

the land referred to in paragraphs (1)(a)(i) and (a)(ii); and

(d) construct and carry out any mitigation works on the land referred to in paragraphs (a)(i)

and (a)(ii).

(2) Not less than 14 days before entering on and taking temporary possession of land under this

article the undertaker must serve notice of the intended entry on the owners and occupiers of the

land.

(3) The undertaker may not, without the agreement of the owners of the land, remain in

possession of any land under this article—

20

(a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of two

year beginning with the date of completion the authorised development; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one

year beginning with the date of completion of the authorised development unless the

undertaker has, before the end of that period, served a notice of entry under section 11 of

the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting

Declaration) Act 1981,

(c) and in this paragraph the date on which the authorised development is completed means

the date on which the undertaker has certified that it is first capable of being brought

into operational use for the purpose for which it was designed.

(4) Before giving up possession of land of which temporary possession has been taken under

this article, unless otherwise agreed by the owners of the land, the undertaker must remove all

temporary works and restore the land to the reasonable satisfaction of the owners of the land; but

the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under sub-

paragraph (1)(d); or

(c) remove any ground-strengthening works which have been placed in that land to

facilitate construction of the authorised development.

(5) The undertaker must pay compensation to the owners and occupiers of land of which

temporary possession is taken under this article for any loss or damage arising from the exercise

in relation to the land of the provisions of any power conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the

amount of the compensation, must be determined under Part 1 of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965

Act (further provisions as to compensation for injurious affection) or under any other enactment in

respect of loss or damage arising from the carrying out of the authorised development, other than

loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order the land referred to in

paragraph (1)(a)(i) except that the undertaker is not to be precluded from-

(a) acquiring new rights over any part of that land under article 20 (compulsory acquisition of

rights); or

(b) acquiring any part of the subsoil or of the airspace over (or rights in the subsoil or of the

airspace over) that land under article 22 (acquisition of subsoil only).

(9) Where the undertaker takes possession of land under this article, the undertaker is not

required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act(a) (refusal to give possession to acquiring authority) applies

to the temporary use of land pursuant to this article to the same extent as it applies to the

compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act

(application of compulsory acquisition provisions).

(11) Subject to paragraph (3), nothing in this article prevents the taking of temporary

possession pursuant to it more than once in relation to any land specified in paragraph (1).

Temporary use of land for maintaining the authorised development

26.—(1) Subject to paragraph (2) the undertaker may during the maintenance period—

(a) enter on and take temporary possession of any land within the Order limits if such

possession is reasonably required for the purpose of maintaining the authorised

development;

(a) Section 13 is amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15).

21

(b) enter on any land within the Order limits for the purpose of gaining access as is

reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings

on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this

article the undertaker must serve notice of the intended entry on the owners and occupiers of the

land, except as provided in paragraph (11).

(4) The undertaker may only remain in possession of land under this article for so long as

may be reasonably necessary to carry out the maintenance of the part of the authorised

development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under

this article, the undertaker must remove all temporary works and restore the land to the reasonable

satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which

temporary possession is taken under this article for any loss or damage arising from the exercise

in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the

amount of the compensation, must be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965

Act (further provisions as to compensation for injurious affection) or under any other enactment in

respect of loss or damage arising from the maintenance of the authorised development, other than

loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not

required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies

to the temporary use of land pursuant to this article to the same extent as it applies to the

compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act

(application of compulsory acquisition provisions).

(11) Where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any part of it; or

(b) the public; or

(c) the surrounding environment,

the requirement to serve not less than 28 days’ notice under paragraph (3) does not apply and

the undertaker may enter the land pursuant to paragraph (1) subject to giving such period of notice

(if any) as is reasonably practicable in all the circumstances.

(12) In this article the “maintenance period” means in relation to any part of the authorised

development the period of five years beginning with the date on which the authorised development

is first brought into operational use for the purpose for which it was designed.

Compensation

Disregard of certain interests and improvements

27.—(1) In assessing the compensation payable to any person on the acquisition from that person

of any land or right over any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected,

works executed or improvement or alteration made on relevant land,

22

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution

of the works or the making of the improvement or alteration as part of the authorised development

was not reasonably necessary and was undertaken with a view to obtaining compensation or

increased compensation.

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any

other land with which that person is, or was at the time when the building was erected, the works

executed or the improvement or alteration made as part of the authorised development, directly or

indirectly concerned.

Set-off for enhancement in value of retained land

28.—(1) In assessing the compensation payable to any person in respect of the acquisition from

that person under this Order of any land (including the subsoil) the tribunal must set off against the

value of the land so acquired any increase in value of any contiguous or adjacent land belonging to

that person in the same capacity which will accrue to that person by reason of the construction of

the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that

person of any new rights over land (including the subsoil), under article 20 (compulsory acquisition

of rights), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the

same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local

enactment for the purposes of that Act.

No double recovery

29. Compensation is not payable in respect of the same matter both under this Order and under

any other enactment, any contract or any rule of law, or under two or more different provisions

under this Order.

Supplementary

Acquisition of part of certain properties

30.—(1) This article applies instead of section 8(1) of the 1965 Act (other provisions as divided

land) (as applied by section 125 of the 2008 Act) where—

(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied)

in respect of land forming only part of a house, building or manufactory or of land

consisting of a house with a park or garden (“the land subject to the notice to treat”); and

(b) a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which

the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land

subject to the notice to treat which states that the owner is willing and able to sell the whole (“the

land subject to the counter-notice”).

(3) If no such counter-notice is served within that period, the owner is required to sell the land

subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner is

required to sell only the land subject to the notice to treat must, unless the undertaker agrees to take

the land subject to the counter-notice, be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat

can be taken—

23

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden,

without material detriment to the remainder of the land subject to the counter-notice

and without seriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to

treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden,

without material detriment to the remainder of the land subject to the counter-notice

and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to

the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment

is confined in addition to the land already subject to the notice, whether or not the additional land

is land which the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal

determines that—

(a) none of the land subject to the notice to treat can be taken without material detriment to

the remainder of the land subject to the counter-notice or, as the case may be, without

material detriment to the remainder of the land subject to the counter-notice and without

seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether

or not the whole of that land is land which the undertaker is authorised to acquire compulsorily

under this Order.

(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is

deemed to be a notice to treat for less land or more land than that specified in the notice, the

undertaker may, within the period of 6 weeks beginning with the day on which the determination is

made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any

loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be

determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or

manufactory or of land consisting of a house with a park or garden, the undertaker must pay the

owner compensation for any loss sustained by the owner due to the severance of that part in

addition to the value of the interest acquired.

Statutory undertakers

31.—(1) The undertaker may—

(a) acquire compulsorily the land belonging to statutory undertakers shown on the land

plans within the limits of the land to be acquired and described in the book of reference;

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory

undertakers where such apparatus is anywhere within the Order limits; and

(c) acquire compulsorily the new rights over land belonging to statutory undertakers described

in the book of reference and shown on the land plans.

(2) Parts 1 and 2 of Schedule 10 (protective provisions) apply to the power in sub-paragraph (1)(b).

24

(3) In the provisions of the 1990 Act as applied by paragraph (1), references to the appropriate

Minister are references to the Secretary of State.

Recovery of costs of new connections

32.—(1) Where any apparatus of a public utility undertaker or of a public communications

provider is removed under article 31 (statutory undertakers) any person who is the owner or

occupier of premises to which a supply was given from that apparatus is entitled to recover from

the undertaker compensation in respect of expenditure reasonably incurred by that person, in

consequence of the removal, for the purpose of effecting a connection between the premises and

any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a

sewer is removed under article 31 (statutory undertakers) any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably

incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer

belonging to that person communicate with any other public sewer or with a private sewerage

disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) of the

Communications Act 2003(a); and

“public utility undertaker” has the same meaning as in the 1980 Act.

Time limit for exercise of authority to acquire land compulsorily

33.—(1) After the end of the period of five years beginning on the day on which this Order

is made—

(a) no notice to treat is to be served under Part 1 of the 1965 Act; and

(b) no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting

Declarations) Act 1981(b) as applied by article 24 (application of the Compulsory

Purchase (Vesting Declarations) Act 1981).

(2) The authority conferred by article 25 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), save that

nothing in this paragraph prevents the undertaker remaining in possession of land after the end of

that period, if the land was entered and possession was taken before the end of that period.

Rights under or over streets

34.—(1) The undertaker may enter on and appropriate so much of the subsoil of, or air-space

over, any street within the Order limits as may be required for the purposes of the development and

may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised

development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph

(1) in relation to a street without being required to acquire any part of the street or any easement or

right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(a) 2003 c.21; there are amendments to section 151 that are not relevant to this Order. (b) 1981 c.66.

25

(b) any cellar, vault, arch or other construction in, on or under a street which forms part

of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated

under paragraph (1) without the undertaker acquiring any part of that person’s interest in the

land, and who suffers loss as a result, is entitled to compensation to be determined, in case of

dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to

whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of

measures of which the allowable costs are to be borne in accordance with that section.

Incorporation of the mineral code

35. Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981(a) (minerals) are incorporated

in this Order subject to the modifications that—

(a) for “the acquiring authority” substitute “the undertaker”;

(b) for “undertaking” substitute “authorised development”; and

(c) for “compulsory purchase order” substitute “this Order”.

PART 4

MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

36.—(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised

development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction,

maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a

lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants

prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations

of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under

the terms of the lease, whether with respect to the termination of the tenancy or any other

matter;

(b) confer or impose on any such party any right or obligation arising out of or connected

with anything done or omitted on or in relation to land which is the subject of the lease, in

addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to

the lease of any obligation of any other party under the lease.

Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009

37.—(1) A marine licence is deemed to have been issued to the undertaker under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009(b).

(a) 1981 c.67. (b) 2009 c.23; there are amendments that are not relevant to this Order.

26

(2) The marine licence deemed to have been issued under this article is set out at Schedule 9

(deemed marine licence under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009).

Operational land for purposes of the 1990 Act

38. Development consent granted by this Order is to be treated as specific planning permission for

the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being

operational land for the purposes of that Act).

Felling or lopping of trees or shrubs

39.—(1) The undertaker may fell or lop any tree or shrub near any part of the authorised

development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the

tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the

authorised development or any apparatus used in connection with the authorised

development; or

(b) from constituting a danger to persons constructing, maintaining, operating or using the

authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause

unnecessary damage to any tree or shrub and must pay compensation to any person for any loss

or damage arising from such activity.

(3) The undertaker may remove—

(a) hedgerows shown on the works plans;

(b) with the approval of the relevant planning authority, which is not to be unreasonably

withheld or delayed, any other hedgerow within the Order limits if the undertaker

reasonably believes it to be necessary to do so for the purposes of the construction

and/or carrying out of the authorised development.

(4) The undertaker is not required to obtain any consent to remove a hedgerow referred to in

paragraph (3) under the Hedgerows Regulations 1997(b).

(5) Reference to “planning permission” in regulation 6 (permitted work) of the Hedgerows

Regulations 1997 includes this Order.

(6) In this article—

(a) “hedgerow” includes—

(i) hedgerows to which the Hedgerows Regulations 1997 apply; and

(ii) any part of a hedgerow.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the

amount of compensation, is to be determined under Part 1 of the 1961 Act.

Protective provisions

40. Schedule 10 (protective provisions) to this Order has effect.

Crown Rights

41.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority

or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any

licensee—

(a) 2009 c.23; there are amendments that are not relevant to this Order. (b) S.I. 2010/948.

27

(a) to take, use, enter upon or in any matter interfere with any land or rights of any description

(including any portion of the shore or bed of the sea or any river, channel, creek, bay or

estuary)—

(i) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate

without the consent in writing of the Crown Estate Commissioners;

(ii) belonging to Her Majesty in right of the Crown and not forming part of the Crown

Estate without the consent in writing of the government department having the

management of that land; or

(iii) belonging to a government department or held in trust for Her Majesty for the purposes

of a government department without the consent in writing of that government

department; or

(b) to exercise any right under this Order compulsorily to acquire an interest in any land which

is Crown Land (as defined in the 2008 Act) which is for the time being held otherwise than

by or on behalf of the Crown without consent in writing of the appropriate Crown authority

(as defined in the 2009 Act).

(2) A consent under paragraph (1) may be given unconditionally or subject to terms and

conditions; and must be deemed to have been given in writing where it is sent electronically.

Certification of plans etc.

42.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to the

Secretary of State copies of—

(a) the access and rights of way plans;

(b) the book of reference;

(c) the environmental statement;

(d) the land plans; and

(e) the works plans

for certification that they are true copies of the plans or documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents

of the document of which it is a copy.

Service of notices

43.—(1) A notice or other document required or authorised to be served, given or supplied under

this Order may be served, given or supplied in any of these ways—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given

or supplied;

(b) by leaving it at the usual or last known place of abode of that person or, in a case where

an address for service has been given by that person, at that address;

(c) by sending it by post, addressed to that person at that person’s usual or last known place

of abode or, in a case where an address for service has been given by that person, at that

address;

(d) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed

to that person at that person’s usual or last known place of abode or, in a case where an

address for service has been given by that person, at that address;

(e) in a case where an address for service using electronic communications has been given by

that person, by sending it using electronic communications, in accordance with the

condition set out in paragraph (2), to that person at that address;

(f) in the case of an incorporated company or body—

(i) by delivering it to the secretary or clerk of the company or body at their registered

or principal office;

28

(ii) by sending it by post, addressed to the secretary or clerk of the company or body at

that office; or

(iii) by sending it in a prepaid registered letter or by the recorded delivery service,

addressed to the secretary or clerk of the company or body at that office.

(2) The condition mentioned in sub-paragraph (e) is that the notice or other document must be -

(a) capable of being accessed by the person mentioned in that provision;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference.

(3) For the purposes of paragraph (2), “legible in all material respects” means that the

information contained in the notice or document is available to that person to no lesser extent

than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

44. Any difference or dispute under any provision of this Order (other than a difference or dispute

which falls to be determined by the tribunal) must, unless otherwise provided for in this Order or

unless otherwise agreed between the parties, be referred to and settled by a single arbitrator to be

agreed between the parties or, failing agreement, to be appointed on the application of either party

(after giving notice in writing to the other) by the Secretary of State.

Requirements

45. Schedule 3 (requirements) of this Order has effect.

Procedure in relation to certain approvals etc.

46. Schedule 13 (procedure in relation to certain approvals etc) to this Order has effect.

Signatory by authority of the Secretary of State

[Name of Secretary of State]

Date Department of [ ]

29

SCHEDULES

SCHEDULE 1 Article 4

AUTHORISED DEVELOPMENT

1. A nationally significant infrastructure project as defined in sections 14 and 20 of the 2008

Act and associated development within the meaning of section 115 of the 2008 Act comprising

the works described below.

In North Lincolnshire and the East Riding of Yorkshire—

Work No. 1 - A high-pressure gas transporter pipeline up to 6 kilometres in length and up to 1050

millimetres in diameter between the Goxhill AGI and Paull AGI and comprised of the following:

Work No. 1A – A high-pressure gas pipeline approximately 1,100 metres in length—

(a) starting at the Goxhill AGI and ending at the indicative start point of Work No 1B, with

the indicative route shown by the blue line on works plans sheet 5 and subject to the limits

of deviation in article 6 (limits of deviation); and

(b) construction and installation of the pipeline by trenched and trenchless methods which may

include the installation of a concrete sleeve drive shaft and tunnel, backfilling of permanent

structures.

Work No. 1B – A high-pressure gas pipeline approximately 3,800 metres in length—

(a) starting at the indicative end point of Work No 1A and ending at the indicative start point

of Work No 1C, with the indicative route shown by the pink line on works plans sheets 5

to 7 and subject to the limits of deviation in article 6 (limits of deviation); and

(b) construction and installation of the pipeline by trenchless methods which may include the

installation of a concrete sleeve tunnel, backfilling of permanent structures.

Work No. 1C – A high-pressure gas pipeline approximately 600 metres in length—

(a) starting at the indicative end point of Work No 1B and ending at the Paull AGI, with the

indicative route shown by the blue line on works plans sheet 7 and subject to the limits of

deviation in article 6 (limits of deviation);

(b) construction and installation of the pipeline by trenched and trenchless methods which may

include the installation of a concrete sleeve reception shaft and tunnel, backfilling of

permanent structures; and

(c) reinforcement of existing high-pressure gas pipeline within the Paull AGI.

In North Lincolnshire—

Work No. 2A – A buried array of cathodic protection anode canisters with relevant associated

equipment, at the indicative location shown on works plans sheet 5, comprising an area not greater

than 1,536 square metres at a depth not less than 1 metre below ground.

Work No. 2B – Underground cathodic protection cables connecting Works No 2A and 2C to Work

No 1, at the indicative location shown on works plans sheet 5, comprising a strip not greater than 6

metres in width and not less than 1 metre below ground.

Work No. 2C – Works for the connection of Work No 1A into the Goxhill AGI and associated

capping works to the existing Feeder 09 pipeline comprising an area no greater than 792 square

metres at the indicative location shown in works plan sheet 5 —

(a) temporary stopple and bypass pit;

30

(b) buried permanent stopple tees deviating vertically to a depth no greater than 4 metres;

(c) permanent above-ground nitrogen monitoring kiosk with dimensions not greater than 1

metre x 2 metres and not greater than 2 metres in height;

(d) cathodic protection facility including two transformer rectifier kiosks each comprised of

control cabinet and junction box on a concrete plinth with dimensions not greater than 1

metre x 2 metres and not greater than 2 metres in height; and

(e) permanent post and rail fencing not greater than 1.5 metres in height.

In the East Riding of Yorkshire—

Work No. 3A – Works within the Paull AGI for the installation of above and below ground piping,

and relevant associated insulation joints, valves, actuators and vents for the purposes of connecting

Work No. 1C into the Paull AGI at the location shown on works plan sheet 7, such works not to be

greater than 4 metres in height;

Work No. 3B – A cathodic protection facility including two transformer rectifier kiosks and

distribution network operator kiosk, each comprised of control cabinet and junction box on a

concrete plinth with dimensions not greater than 1 metre x 2 metres and not greater than 2 metres in

height, surrounded by a post and rail fence, at the indicative location on works plan sheet 7.

Work No. 3C – Underground cathodic protection cables connecting Works No 3B to Work No 1,

at the indicative location shown on works plans sheet 7, comprising a strip not greater than 6 metres

in width and not less than 1 metre below ground.

Work No. 3D – Isolation works for the existing Feeder 09 pipeline at the indicative location shown

in works plan sheet 7, comprising an area no greater than 154 square metres and—

(a) temporary stopple and bypass pit;

(b) buried permanent stopple tees deviating vertically to depth no greater than 4 metres; and

(c) permanent above-ground nitrogen monitoring kiosk with dimensions not greater than 1

metre x 2 metres and not greater than 2 metres in height;

Work No. 3E –

(a) a buried array of cathodic protection anode canisters with relevant associated equipment at

the indicative location on works plan sheet 7 shown coloured blue, comprising an area not

greater than 99 square metres at a depth not less than 1 metre below ground;

(b) associated temporary construction areas for the installation of Work No. 3E(a) shown

hatched green;

(c) temporary widening and improvement works for construction access for the authorised

development.

Associated development in connection with the authorised development within the order limits:

In North Lincolnshire—

Work No. 4 – Temporary construction and work areas for use during the construction of the

authorised development shown hatched green on sheet 5 of the works plans described as Work Nos.

4A, 4B and 4C to include—

(a) office, staff training, welfare and security facilities;

(b) power supplies and temporary lighting;

(c) enclosures;

(d) pipeline construction and pre-testing;

(e) pipe equipment and fittings storage;

(f) tunnel construction and drive pit, equipment and fittings storage;

(g) plant storage;

(h) fabrication area;

31

(i) waste processing and management areas;

(j) spoil treatment and storage areas;

(k) installation of drainage, drainage attenuation and land drainage including outfalls,

(l) internal haul roads;

(m) access and parking;

(n) vehicle maintenance area including washing facilities;

(o) de-watering and water management areas including settlement lagoons; and

(p) grout batching plant and up to four silos for the storage of grout (not greater than 15 metres

in height),

Work No. 4D to include—

(a) de-watering pipes, pumps and temporary groundwater discharge point at East Halton Beck

(Skitter Drain);

(b) safety ramps at the point/s where the hoses will cross Footpath 50 on the Goxhill side of

the Humber Estuary;

(c) temporary telemetry gauge for monitoring water levels;

(d) demarcation fencing, access and laydown.

together with any works required in connection with the above.

In the East Riding of Yorkshire—

Work No. 5 – Temporary construction and work areas for use during the construction of the

authorised development shown hatched green on sheet 7 of the works plans described as Work No.

5A to include—

(a) office, welfare and security facilities;

(b) power supplies and temporary lighting;

(c) enclosures;

(d) pipeline construction;

(e) pipe equipment and fittings storage;

(f) tunnel construction and reception pit, equipment and fittings storage;

(g) plant storage;

(h) fabrication area;

(i) waste storage areas;

(j) installation of drainage, drainage attenuation and land drainage including outfalls,

(k) internal haul roads;

(l) access and parking;

(m) vehicle maintenance area including washing facilities; and

(n) de-watering and water management areas including settlement lagoons

Work No. 5B to include—

(a) de-watering pipes and temporary groundwater discharge point to the Humber Estuary,

(b) enclosures and pipe, equipment and fittings storage for the purposes of Work No 3D;

(c) access and laydown.

together with any works required in connection with the above.

In North Lincolnshire—

Work No. 6 – Temporary access works for use during the construction of the authorised

development at the indicative locations shown in Schedule 5 described below:

32

Work No. 6A – Temporary widening of the junction of Thornton Road and College Road at the

location shown on sheet 1 of the works plans.

Work No. 6B – Temporary widening of Soff Lane and an existing private access to be improved to

provide temporary construction access at the location shown on sheet 1 of the works plans

connecting with Work No. 6C.

Work No. 6C – Temporary construction access to the east of Brantwood at the location shown on

sheet 1 of the works plans.

Work No. 6D – Temporary widening of Chapel Field Road at the location shown on sheet 1 of the

works plans.

Work No. 6E – Temporary widening of Chapel Field Road at the location shown on sheet 1 of the

works plans.

Work No. 6F – Temporary widening of Chapel Field Road at the location shown on sheet 2 of the

works plans.

Work No. 6G – Temporary widening of Chapel Field Road at the location shown on sheet 2 of the

works plans.

Work No. 6H – Temporary widening of Ferry Road at the location shown on sheet 3 of the works

plans.

Work No. 6I – Temporary widening of Ferry Road at the location shown on sheet 3 of the works

plans.

Work No. 6J – Temporary widening of Ferry Road at the location shown on sheet 3 of the works

plans.

Work No. 6K – Temporary widening of Ferry Road at the location shown on sheet 4 of the works

plans.

Work No. 6L – Temporary widening of Ferry Road at the location shown on sheet 4 of the works

plans.

Work No. 6M – Temporary widening of the junction of Ferry Road and East Marsh Road at the

location shown on sheet 4 of the works plans.

Work No. 6N - Temporary widening of East Marsh Road at the location shown on sheet 4 of the

works plans.

Work No. 6O - Temporary widening of East Marsh Road at the location shown on sheet 4 of the

works plans.

Work No. 6P - Temporary widening of East Marsh Road at the location shown on sheet 5 of the

works plans.

Work No. 6Q - Temporary widening and reinforcing of the junction of East Marsh Road and Chapel

Field Road at the location shown on sheet 5 of the works plans.

Work No. 6R - Temporary widening of Chapel Field Road at the location shown on sheet 5 of the

works plans.

In the East Riding of Yorkshire—

Work No. 7 – Temporary settlement monitoring areas for Work No 1 shown hatched blue on sheet

7 of the works plans to include demarcation fencing, marker posts and monitoring pegs no greater

than 2.4 metres in height.

In North Lincolnshire—

33

Work No. 8 – Temporary settlement monitoring areas for Work No 1 shown hatched blue on sheet

5 of the works plans to include demarcation fencing, marker posts and monitoring pegs no greater

than 1 metre in height.

In the East Riding of Yorkshire—

Work No. 9 – Temporary access works for use during the construction of the authorised

development at the locations shown below:

Work No. 9A – Temporary widening of Thorngumbald Road at the location shown on sheet 7 of

the works plans.

Work No. 9B – Temporary widening of and improvement works of the private track at Rose Hill

Farm at the location shown on sheets 7 and 8 of the works plans.

Work No. 9C – Temporary widening of Farbridge Lane and the junction with Paull Road at the

location shown on sheet 8 of the works plans.

In North Lincolnshire—

Work No. 10 – Temporary spoil storage area shown dotted black on sheet 5 of the works plans to

include spoil handling and storage bunds, re-grading of soil and earthworks (bunds not to be greater

than 4 metres in height).

Work No. 11 - Temporary environmental management and mitigation area shown cross-hatched

grey on works plans sheet 5 to be set aside during the construction of the authorised development

for alternative roosting or foraging for birds associated with the Humber Estuary Special Protection

Area.

Work No. 12 – Temporary abstraction hoses connected to temporary caged high head pumps shown

hatched green on works plans sheet 5.

Further Associated Development

2. Such associated development within the Order limits as may be necessary or expedient for the

purposes of or in connection with the construction of the above Work Nos. or any of them (which

falls within the scope of the environmental statement) consisting of—

(a) site preparation works, site clearance (including fencing and vegetation removal),

earthworks (including soil stripping and storage) and site levelling, pre-construction

drainage;

(b) in relation to Work Nos. 1, 2, 3, 4, 5 and 10 pipeline construction works including:

(i) surveying and setting-out;

(ii) tunnel boring, drive and reception pits, hydraulic rams, rollers and brackets, pipe

thrusters and winch;

(iii) topsoil and subsoil stripping and storage;

(iv) archaeological surveys/investigations and watching brief;

(v) pipeline installation including pipe stringing, pipe bending, end preparation, front end

welding, back end welding, fabrication welding, pipeline coating, pipeline trench

excavation, trenchless crossings, lower and lay, sand padding, backfilling, pipeline tie-

ins, re-grading of soil, post construction drainage, cross-ripping and reinstatement of

top-soil, internally swab and gauge pipeline test sections;

(vi) filling, testing and dewatering test sections;

(vii) aerial markers, cathodic protection test posts and field boundary markers;

(viii) reinstating test locations;

(ix) removing demarcation fencing;

(x) reinstating boundary walls, hedges, and fencing;

34

(xi) final gauge plate and calliper surveys;

(xii) drying and commissioning pipelines;

(xiii) isolating the existing gas pipeline;

(xiv) demobilisation from site; and

(xv) works to enable power supplies;

(xvi) de-watering systems and water management areas;

(xvii) power supplies and temporary lighting;

(xviii) installation of wires, cables, conductors, pipes and ducts

(c) works to remove or alter the position of apparatus including mains, sewers, drains and

cables;

(d) landscaping and other works to mitigate any adverse effects of the construction,

maintenance or operation of the authorised development;

(e) works for the benefit or protection of land affected by the authorised development;

(f) temporary access tracks;

(g) works required for the strengthening, improvement, maintenance or reconstruction of any

streets;

(h) the carrying out of street works pursuant to article 9 (street works), works to alter the layout

of streets pursuant to article 10 (power to alter layout, etc., of streets) and the alteration or

removal of road furniture;

(i) ramps, means of access;

(j) installation of drainage, drainage attenuation and land drainage including outfalls; and

(k) such other works as may be necessary for the purposes of or in connection with the

construction, operation or maintenance of the authorised development and which do not

give rise to any materially different effects from those assessed in the environmental

statement.

SCHEDULE 2

PLANS

PART 1 Article 2

WORKS PLANS

Drawing title Sheet Number Drawing Number

Works plans – Key plan

Works plans

Key Plan

Sheet 1 of 8

Sheet 2 of 8

Sheet 3 of 8

Sheet 4 of 8

Sheet 5 of 8

Sheet 6 of 8

Sheet 7 of 8

Sheet 8 of 8

W001

W002

W003

W004

W005

W006

W007

W008

W009

35

PART 2 Article 2

LAND PLANS

Drawing title Sheet Number Drawing Number

Land plans – Key Plan

Land plans

Key Plan

Sheet 1 of 16

Sheet 2 of 16

Sheet 3 of 16

Sheet 4 of 16

Sheet 5 of 16

Sheet 6 of 16

Sheet 7 of 16

Sheet 8 of 16

Sheet 9 of 16

Sheet 10 of 16

Sheet 11 of 16

Sheet 12 of 16

Sheet 13 of 16

Sheet 14 of 16

Sheet 15 of 16

Sheet 16 of 16

L001

L002

L003

L004

L005

L006

L007

L008

L009

L010

L011

L012

L013

L014

L015

L016

L017

PART 3 Article 2

ACCESS AND RIGHTS OF WAY PLANS

Drawing title Sheet Number Drawing Number

Access and rights of way plans

– Key plan

Access and rights of way plans

Key Plan

Sheet 1 of 8

Sheet 2 of 8

Sheet 3 of 8

Sheet 4 of 8

Sheet 5 of 8

Sheet 6 of 8

Sheet 7 of 8

Sheet 8 of 8

A001

A002

A003

A004

A005

A006

A007

A008

A009

SCHEDULE 3

REQUIREMENTS

Interpretation

1. In this Schedule—

36

“the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010(a);

“AGIs” means Above Ground Installations, namely those parts of the authorised development

that are the existing Paull and Goxhill AGIs;

“CEMP” means the initial Construction Environmental Management Plan submitted with the

application containing the mitigation measures outlined in the environmental statement;

“construction work” means works to construct the authorised development, or relevant part

of it, excluding mobilisation of plant and equipment into, out of or within the Order limits;

“flood defence area” means the embankment bunds at Paull Holme Strays and Goxhill;

“Requirement” means the appropriate numbered paragraph or paragraphs in this Schedule to

which reference is made, for example “Requirement 6” or “these Requirements”;

“reinstatement” means the restoration of land within the Order limits for future use after

construction of the authorised development;

“relevant highway authority” means North Lincolnshire Council or East Riding of Yorkshire

Council as the case may be including their successor and where the relevant matter is located in

the administrative areas of both then it means both;

“relevant planning authority” means North Lincolnshire Council and East Riding of Yorkshire

Council as the case may be including their successor and where the relevant matter is located

in the administrative areas of both then it means both; and

“stage” means part of the authorised development as approved under Requirement 3.

Time limits

2. The authorised development must be commenced within five years of the date of this Order.

Stages of the authorised development

3. No authorised development may commence until a written scheme setting out all stages of the

authorised development has been submitted to and approved in writing by the relevant planning

authority.

Detailed design approval

4.—(1) No stage of the authorised development may commence until details of the layout, scale

and external appearance of the following works within that stage (including any consultation

responses from the Environment Agency for those parts of the authorised development within the

flood defence area) have been submitted to and approved, in writing, by the relevant planning

authority—

(a) Works No. 1, 2 and 3 (the pipeline and associated permanent infrastructure);

(b) Works No. 4, 5, 7, 8, 12 (temporary construction and work areas);

(c) the detailed pipeline route alignment;

(d) tunnel construction methodology; and

(e) additional lay down, storage and working areas.

(2) The works described in sub-paragraph (1)(a) to (e) must be carried out in accordance with the

approved details or any subsequent revisions that have been submitted to and approved, in writing,

by the relevant planning authority.

Site Water Management Plan

5.—(1) No stage of the authorised development may commence until, for that stage, s i t e

water management plan have been submitted to and approved by the relevant planning authority, in

consultation with the Environment Agency.

(a) S.I. 2010/490.

37

(2) The site water management plan must include the following—

(a) details of measures to ensure discharge from dewatering is non-polluting and will not

exacerbate flood risk;

(b) details of areas at risk of water pollution from surface water run-off, and any special

control measures required in those areas;

(c) details of measures to minimise suspension of and pollution due to sediment;

(d) where it is considered necessary to store material in the flood plain, the requirements

for mitigation will be agreed with the Environment Agency before construction commences;

(e) details of hydrostatic testing requirements, including water sources and discharge points,

and water quality monitoring of test water discharged;

(f) a commitment that water will be returned to the catchment it was abstracted from or

if a groundwater source is used that groundwater is discharged to a surface water location

identified in consultation with the Environment Agency; and

(g) all necessary licenses and consents will be obtained.

(3) The construction works for each stage of the authorised development must be carried

out in accordance with the approved site water management plan.

(4) The method of crossing main rivers and ordinary watercourses (including land drains)

shall be undertaken in a manner which will not cause an increase in flood risk to any area upstream,

downstream or surrounding the crossing.

Site Waste Management Plan

6. No stage of the authorised development may commence until a written site waste management

plan has been submitted to and approved, in writing, by the relevant planning authority in

consultation with the Environment Agency and each stage of the authorised development must be

carried out in accordance with the site waste management plan.

Removal of trees and hedgerows

7.—(1) No stage of the authorised development involving the felling or lopping of trees or

hedgerows under article 39 (felling or lopping of trees or shrubs) as shown on works plans sheets 5

and 7 may commence until, for that stage, details (if any) identifying the trees, groups of trees

and hedgerows to be removed and, where appropriate reinstated during that stage have been

submitted to and approved by the relevant planning authority.

(2) Each stage of the authorised development must be carried out in accordance with the

approved details (if any) for that stage.

(3) Any hedge or tree planting which is part of the approved details that, within 2 years after

planting, is removed, dies or (in the opinion of the relevant planning authority) becomes seriously

damaged or diseased, must be replaced in the first available planting season with planting material

of the same specification as that originally planted.

Hard landscaping and drainage

8.—(1) No stage of the authorised development may commence until, for that stage, details of

drainage methods for both temporary and permanent works have after consultation with the drainage

authority and the Environment Agency been submitted to and approved by the relevant planning

authority.

(2) The authorised development must be carried out in accordance with the approved details.

38

Agricultural land drainage

9.—(1) No stage of the authorised development may commence until a written scheme, applicable

to that stage, to deal with agricultural land drainage within the Order limits has been submitted to

and approved, in writing, by the relevant planning authority.

(2) The purpose of the scheme is to ensure that, during and following construction, the efficiency

of drainage is maintained within and outside the works limits.

(3) The scheme must include an investigation and assessment report giving details of existing

drainage arrangements and requirements for pre-construction works and post-construction

reinstatement.

Archaeology

10.—(1) No stage of the authorised development may commence until a written scheme of

archaeological investigation for that stage has been submitted to and approved by the relevant

planning authority.

(2) The written scheme must identify areas where a programme of archaeological investigation

is required and the measures to be taken to protect, record or preserve any significant

archaeological remains that may be found.

(3) Any archaeological works or watching brief for a stage of the authorised development

must be carried out in accordance with the approved written scheme for that stage.

Construction hours

11.—(1) Subject to Requirements 11(3) and 11(4), construction work must not take place outside

the following hours–

(a) 07:00 and 19:00 from Monday to Friday; and

(b) 08:00 and 16:00 on Saturdays

except in the event of an emergency.

(2) In the event of an emergency, notification of that emergency must be given to the relevant

planning authority as soon as practicable.

(3) The following operations may take place outside the working hours referred to in

Requirement 11(1)—

(a) tunnel boring (including associated spoil movement, segment installation and slurry

batching);

(b) filling, testing, dewatering and drying locations

(c) dewatering activities;

(d) commissioning of Work No 1 and isolation of the existing gas pipeline;

(4) Nothing in Requirement 11(1) above precludes—

(a) start-up and shut-down activities up to an hour either side of core working hours; and

(b) maintenance at any time of plant and machinery engaged in the construction of the

authorised development.

(5) In this Requirement “emergency” means a situation where, if the relevant action is not taken,

there will be adverse health, safety, security or environmental consequences that in the reasonable

opinion of the undertaker would outweigh the adverse effects to the public (whether individuals,

classes or generally as the case may be) of taking that action.

Construction Environmental Management Plan

12.—(1) No authorised development may commence until a construction environmental management plan relating to the works has been submitted to and approved by the relevant planning

authority.

39

(2) The construction environmental management plan must contain specific commitments to

minimise the impacts of construction works, including the following plans and strategies from the

CEMP—

(a) details of fencing and enclosures;

(b) a pollution prevention and control plan;

(c) a sustainable procurement plan;

(d) a materials management plan;

(e) a reinstatement plan, including soil handling and restoration measures;

(f) an energy reduction plan;

(g) an emergency response/ spill response plan;

(h) a refuelling procedure; and

(i) a flood risk management plan.

(3) All construction works must be undertaken in accordance with the approved construction

environmental management plan.

(4) Any works carried out pursuant to the plans, scheme and strategy referred to in sub-paragraph

(2) must be carried out in accordance with the approved plan, scheme or strategy.

Noise

13.—(1) No stage of the authorised development may commence until a written scheme for noise

management during construction and maintenance of that stage has been submitted to and approved,

in writing, by the relevant planning authority.

(2) The scheme must set out the particulars of—

(a) the works, and the method by which they are to be carried out; and

(b) the noise attenuation measures to be taken to minimise noise resulting from the works,

including any noise limits.

(3) The approved noise management scheme must be implemented before and maintained during

construction and maintenance of the relevant stage of the authorised development.

(4) The construction and maintenance works must be undertaken in accordance with the approved

noise management scheme.

Contaminated land and groundwater

14.—(1) In the event that contamination is found at any time when carrying out the authorised

development that has not been previously identified it must be reported in writing immediately to

the relevant planning authority.

(2) An investigation and risk assessment must be completed in accordance with a scheme to assess

the nature and extent of any contamination on the part of the Order limits within which works

are being carried out, whether or not that contamination originates on that part of the Order limits;

and—

(a) the contents of that scheme are subject to the approval in writing of the relevant

planning authority; and

(b) that investigation and risk assessment must be undertaken by competent persons and a

written report of the findings must be produced.

(3) Where remediation is required a detailed remediation scheme to bring a part of the Order

limits within which works are being carried out to a condition suitable for the intended use must

be prepared and submitted for the written approval of the relevant planning authority; and—

(a) the approved remediation scheme must be carried out in accordance with its terms;

and

40

(b) following completion of measures identified in the approved remediation scheme, a

verification report that demonstrates the effectiveness of the remediation carried out must

be produced and approved in writing by the relevant planning authority.

Construction traffic and accesses

15.—(1) No authorised development may commence until a traffic management plan, based on

the initial traffic management plan submitted with the application, has been submitted to and,

following consultation with the highway authority, been approved by the relevant planning

authority.

(2) The plan must include details of:

(a) siting, design and layout of works to the public highway for the purposes of construction

traffic and access;

(b) construction vehicle routeing;

(c) the scheduling and timing of movements and details of abnormal load movements;

(d) condition surveys of the construction traffic routes;

(e) management of junctions and crossings of public rights of way;

(f) marking and identification of construction vehicles;

(g) driver information packs.

(3) Each stage of the authorised development must be carried out in accordance with the traffic

management plan for that stage.

Restoration of land used temporarily for construction

16. Subject to article 25(4) (temporary use of land for carrying out the authorised development), any land within the Order limits which is used temporarily for or in connection with construction

must be reinstated to a condition fit for its former use, or such other condition as the relevant

planning authority may approve, within 12 months of completion of the authorised development.

Temporary external lighting

17.—(1) No stage of the authorised development may commence until details of any temporary

external lighting to be installed at that stage, including measures to prevent light spillage, have been

submitted to and approved, in writing, by the relevant planning authority.

(2) The details must include and take account of any consultation responses from the local

highway authority.

(3) The temporary external lighting must be installed in accordance with the approved details.

(4) Any submission to vary the approved details must include copies of and take account of any

consultation responses from the local highway authority.

Environmental mitigation land

18. During the construction and operation of the authorised development no storage, use of plant

or other development may take place on the land within Work No. 11.

Requirement for written approval

19. Where under any of the Requirements the approval or agreement of the relevant planning

authority or another person is required, that approval or agreement must be given in writing.

41

Amendments to approved details

20. With respect to any Requirement which requires the authorised development to be carried out

in accordance or general accordance with details approved by the relevant planning authority, the

approved details include any amendments that may subsequently be approved in writing by the

relevant planning authority to the extent that the authority may lawfully do so.

SCHEDULE 4 Article 9

STREETS SUBJECT TO STREET WORKS

(1) Area

(2) Street subject to street

works

East Riding of

Yorkshire

Thorngumbald Road – Works No 3E on sheet 7 of the works plans

SCHEDULE 5 Article 10

STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area

(2)

Street subject to

alteration of layout

(3) Description of alteration

North Lincolnshire Thornton Road and

College Road

Temporary construction access

Temporary widening of the junction of the roads at the

location shown as Work No 6A on sheet 1 of the access

and rights of way plans.

North Lincolnshire Soff Lane Temporary construction access

Temporary widening of the junction of Soff Lane and

the existing private access at location 6B on sheet 1 of

the access and rights of way plans.

North Lincolnshire Chapel Field Road Temporary construction access

Temporary widening of the road at points shown as

Works Nos. 6D, 6E, 6F, 6G and 6R on sheets 2 and 5

of the access and rights of way plans.

42

North Lincolnshire Ferry Road Temporary construction access

Temporary widening of the road at points shown as

Works Nos. 6I, 6J, 6K and 6L on sheets 3 and 4 of the

access and rights of way plans.

North Lincolnshire Ferry Road and East

Marsh Road

Temporary construction access

Temporary widening of the junction of the roads at the

point shown as Work No. 6M on sheet 4 of the access

and rights of way plans.

North Lincolnshire East Marsh Road Temporary construction access

Temporary Widening of the road and junction with the

existing private track at Rose Hill Farm at the locations

marked as Work Nos. 6N, 6O and 6P on sheets 4 and 5

of the access and rights of way plans.

North Lincolnshire East Marsh Road and

Chapel Field Road

Temporary construction access

Temporary widening of the junction of the roads at the

point marked as Work No. 6Q on sheet 5 of the access

and rights of way plans.

East Riding of Yorkshire Thorngumbald Road Temporary construction access

Temporary widening of the road at the location marked

as Work No. 9A on sheet 7 of the access and rights of

way plans.

East Riding of Yorkshire Farbridge Lane and the

Junction with Paull

Road

Temporary construction access

Temporary widening at the location marked as Work

No. 9C on sheet 8 of the access and rights of way plans.

SCHEDULE 6 Article 12

STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY

STOPPED UP

(1)

Area

(2)

Street/Footpath subject to

temporary stopping up

(3)

Extent of temporary stopping up

East Riding of

Yorkshire

Footpath 1 Between points A and B as shown on the

access and rights of way plans

43

East Riding of

Yorkshire

Footpath 6 Between points C and D as shown on the

access and rights of way plans

SCHEDULE 7 Article 13

ACCESS TO WORKS

(1) Area

(2) Access details

North Lincolnshire Temporary construction access to the east of Brantwood at the location

shown as Work No 6C on sheet 1 of the access and rights of way plans.

North Lincolnshire Improvement of existing private access off Soff Lane to provide

temporary construction access at location 6B on sheet 1 of the access and

rights of way plans

East Riding of Yorkshire Improvement works to the private track at Rose Hill Farm at the location

shown as Work No. 9B on sheets 7 and 8 of the access and rights of way

plans

SCHEDULE 8 Article 25

LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area

(2) Plot number of land shown

on land plans

(3) Purpose for which

temporary possession may be taken

(4) Relevant part of the

authorised development

North Lincolnshire; East Riding of Yorkshire

31, 33, 37, 39, 40, 41, 42, 44, 45, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 72, 74, 75, 78, 79, 86

Construction and carrying out of the authorised development and purposes ancillary hereto

Work No. 1A Work No. 1B Work No. 1C

North Lincolnshire

75, 76, 77, 78, 82, 84, 86 Construction and carrying out of the authorised development and purposes ancillary hereto

Work No. 2A Work No. 2B

44

East Riding of Yorkshire

12, 14, 15, 17, 18, 35, 37, 40, 41, 44, 45

Construction and carrying out of the authorised development and purposes ancillary hereto

Work No. 3C Work No. 3E

North Lincolnshire

60, 61, 65, 66, 67, 68, 69, 70, 73, 74, 76, 79, 80, 81, 83, 88, 89, 90, 91, 100, 101, 105, 106

Temporary construction, laydown and work areas for the construction and carrying out of the authorised development and purposes ancillary or incidental thereto.

Work No. 4A Work No. 4B Work No. 4C Work No. 4D

East Riding of Yorkshire

9, 13, 16, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 32, 33, 34, 38, 39, 42, 43

Temporary construction, laydown and work areas for the construction and carrying out of the authorised development and purposes ancillary or incidental thereto.

Work No. 3E Work No. 5A Work No. 5B

East Riding of Yorkshire

46 Construction access for the construction and varying out of the authorised development and purposes ancillary and incidental hereto

Work No. 1C Work No. 5A

North Lincolnshire

92, 93, 94, 95, 96, 97, 98, 99, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131

Construction access works for the construction and carrying out of the authorised development and purposes ancillary or incidental thereto.

Works No. 6

East Riding of Yorkshire

47, 48, 49, 50, 51, 52, 53 Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto.

Works No. 7

North Lincolnshire

60, 69 Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto.

Work No. 8

45

East Riding of Yorkshire

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 30

Construction access works for the construction and carrying out of the authorised development and purposes ancillary or incidental thereto.

Works No. 9

North Lincolnshire

102, 103, 104 The storage of spoil in relation to the construction and carrying out of the authorised development and purposes ancillary or incidental thereto.

Work No. 10

60, 71, 72, 74 Environmental management and mitigation for alternative roosting or foraging for birds during the construction of the authorised development and purposes ancillary or incidental thereto.

Work No. 11

62, 63, 64 Construction and carrying out of the authorised development, temporary abstraction hoses, temporary caged high head pumps and purposes ancillary or incidental thereto.

Work No. 12

SCHEDULE 9 Article 37

DEEMED MARINE LICENCE UNDER PART 4 (MARINE

LICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009

PART 1

INTRODUCTION

Interpretation

1.—(1) In this Schedule—

“the 2008 Act” means the Planning Act 2008(a);

“the 2009 Act” means the Marine and Coastal Access Act 2009(b);

“authorised development” has the meaning given in paragraph 3(2);

“licence holder” means the undertaker and any agent, contractor sub-contractor acting on its

behalf;

“licensable activity” means an activity licensable under section 66 of the 2009 Act;

“licensed activity” means any activity described in Part 2 of this Schedule;

“MMO” means the Marine Management Organisation;

“the Order” means the River Humber (Gas Pipeline Replacement) Order 201[ ](c); and

“the undertaker” means National Grid Gas plc (registered company number 2006000).

(a) 2008 c.29. (b) 2009 c.23. (c) S.I. 201[ ]/[ ]

46

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude

and longitude degrees and minutes to two decimal places.

Addresses

2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence

with the MMO for the purposes of this Schedule is the Marine Management Organisation, Marine

Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and

where contact to the MMO District Office is required, the following contact details should be used

[ ].

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication

with the MMO for the purposes of this Schedule is infrastructure@marinemanagement.org.uk.

PART 2

LICENSED ACTIVITIES

3.—(1) Subject to the licence conditions in Part 4 of this Schedule, this licence authorises the

licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act

which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under

section 74 of the 2009 Act.

(2) In this paragraph the “authorised development” means the development and associated

development described in Schedule 1 (authorised development) to the Order, and any other

development authorised by the Order, which is development within the meaning of section 32 of

the 2008 Act and more particularly Work No 12, the temporary placing of caged high head pumps

and suction hoses in the River Humber.

PART 3

ENFORCEMENT

4. Any breach of this Schedule does not constitute a breach of this Order but is subject to the

enforcement regime in Chapter 3 of Part 4 of the 2009 Act as if this Schedule were a licence granted

under that Act.

PART 4

CONDITIONS

5. The conditions set out at paragraphs 6 to 14 of this Schedule are licence conditions attached to

the deemed marine licence granted by article 37 (deemed marine licence).

6.The licence holder must inform the MMO in writing of the intended start date and the likely

duration of licensed activities on a site at least 10 business days prior to the commencement of the

first licensed activity on that site.

7.Should the licence holder become aware that any of the information on which the granting of

this deemed marine licence was based has changed or is likely to change, the licence holder must

notify the MMO at the earliest opportunity.

8.The licence holder must ensure that any coatings and treatments used are approved by the Health

and Safety Executive as suitable for use in the marine environment and are used in accordance with

Environment Agency Pollution Prevention Control Guidelines.

47

9.The licence holder must ensure that any equipment, temporary structures, waste and debris

associated with the works are removed within 6 weeks of completion of the works.

10.The licence holder must ensure that the MMO District Marine Office is notified of the

completion of works and operations at least 10 days following the completion of the works.

SCHEDULE 10 Article 40

PROTECTIVE PROVISIONS

PART 1

FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE

UNDERTAKERS

Application

1. For the protection of the statutory undertakers referred to in this Part of this Schedule the

following provisions, unless otherwise agreed in writing at any time between the undertaker and

the statutory undertaker concerned, have effect.

Interpretation

2. In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the statutory

undertaker in question to fulfil its statutory functions in a manner not less efficient than

previously;

“apparatus” means—

(a) in the case of an electricity statutory undertaker, electric lines or electrical plant (as defined

in the Electricity Act 1989(a), belonging to or maintained by that electricity statutory

undertaker for the purposes of electricity supply;

(b) in the case of a gas statutory undertaker, any mains, pipes or other apparatus belonging

to or maintained by that gas transporter for the purposes of gas supply;

(c) in the case of a water statutory undertaker, mains, pipes or other apparatus belonging to or

maintained by that water statutory undertaker for the purposes of water supply; and

(d) in the case of a sewerage statutory undertaker—

(i) any drain or works vested in the statutory undertaker under the Water Industry Act

1991(b) and Water Industry (Schemes for Adoption of Private Sewers) Regulations

2011(c); and

(ii) any sewer which is so vested or is the subject of a notice of intention to adopt given

under section 102(4) of that Act or an agreement to adopt made under section 104 of

that Act,

(iii) and in each case includes a sludge main, disposal main (within the meaning of

section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps

or other accessories forming part of any such sewer, drain or works,

(iv) and includes any structure in which apparatus is or is to be lodged or which gives or

will give access to apparatus;

“commence” has the same meaning as in paragraph 1 of Schedule 3 (requirements);

(a) 1989 c.29. (b) 1991 c.56. (c) S.I. 2011/1566.

48

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to

apparatus or alternative apparatus under, over or upon land;

“pipeline” means the whole or any part of a pipeline belonging to or maintained by an

statutory undertaker and includes any ancillary works and apparatus;

“plan” includes a section and description of the works to be executed;

“statutory undertaker” means the statutory undertaker as defined in article 2 (interpretation) of

this Order; “statutory undertaker” means—

(a) any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986(a);

(c) a water statutory undertaker within the meaning of the Water Industry Act 1991; and

(d) a sewerage statutory undertaker within the meaning of Part 1 of the Water Industry Act

1991,

for the area of the authorised development, and in relation to any apparatus, means the

statutory undertaker to whom it belongs or by whom it is maintained.

On-street apparatus

3. This Part of this Schedule does not apply to apparatus in respect of which the relations

between the undertaker and the statutory undertaker are regulated by the provisions of Part 3 of the

1991 Act.

Acquisition of apparatus

4. Regardless of any provision in this Order or anything shown on the land plans, the undertaker

must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any

interest in any land in which any apparatus is placed, that apparatus must not be removed under this

Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land

must not be extinguished until alternative apparatus has been constructed and is in operation to the

reasonable satisfaction of the statutory undertaker in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held,

appropriated or used under this Order, the undertaker requires the removal of any apparatus placed

in that land, it must give the statutory undertaker in question written notice of that requirement,

together with a plan of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence

of the removal of apparatus placed on the land referred to in sub-paragraph (2), the statutory

undertaker in question must, on receipt of a written notice to that effect from the undertaker, as

soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in

other land in which the alternative apparatus is to be constructed.

(4) The statutory undertaker in question must, after the alternative apparatus to be provided or

constructed has been agreed or settled by arbitration in accordance with article 43 (arbitration),

and after the grant to the statutory undertaker of any such facilities and rights as are referred

to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation

the alternative apparatus and subsequently to remove any apparatus required by the undertaker

to be removed under the provisions of this Part of this Schedule.

(5) Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to

the statutory undertaker in question that it desires itself to execute any work, or part of any work

(a) 1986 c.44.

49

in connection with the construction or removal of apparatus, that work, instead of being executed

by the statutory undertaker, must be executed by the undertaker without unnecessary delay under

the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

Retained apparatus: protection

6.—(1) Not less than 28 days before starting the execution of any works of the type referred to

in sub-paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which

has not been required by the undertaker under sub-paragraph 5(2), the statutory undertaker

must submit to the undertaker in question a plan of the works to be executed.

(2) Those works are to be executed only in accordance with the plan submitted under sub-

paragraph (1) and in accordance with such reasonable requirements as may be made in accordance

with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the

protection of the apparatus, or for securing access to it; and the statutory undertaker is entitled

to watch and inspect the execution of those works.

(3) Any requirements made by an statutory undertaker under sub-paragraph (2) must be made

within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is

submitted to it.

(4) If a statutory undertaker in accordance with sub-paragraph (3) and in consequence of the

works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written

notice to the undertaker of that requirement, paragraphs 1 to 5 apply as if the removal of the

apparatus had been required by the undertaker under sub-paragraph 5(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time

to time, but in no case less than 28 days before commencing the execution of any works, a new

plan, instead of the plan previously submitted, and having done so the provisions of this paragraph

apply to and in respect of the new plan.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but

in that case it must give to the statutory undertaker in question notice as soon as is reasonably

practicable and a plan of those works as soon as reasonably practicable subsequently and must

comply with sub- paragraph (2) in so far as is reasonably practicable in the circumstances.

Cathodic protection testing

7. Where in the reasonable opinion of the statutory undertaker—

(a) the authorised development might interfere with the existing cathodic protection forming

part of a pipeline; or

(b) a pipeline might interfere with the proposed or existing cathodic protection forming part

of the authorised development,

the statutory undertaker to whom the pipeline belongs, or who maintains that pipeline, and the

undertaker must co-operate in undertaking the tests which the statutory undertaker considers

reasonably necessary for ascertaining the nature and extent of such interference and measures

for providing or preserving cathodic protection.

Expenses

8.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a

statutory undertaker the reasonable expenses reasonably incurred by that statutory undertaker in,

or in connection with—

(a) the inspection, removal, alteration or protection of any apparatus; or

(b) the construction of any new apparatus, which may be required in consequence of the

execution of any such works as are required under this Part of this Schedule.

50

(2) The value of any apparatus removed under the provisions of this Part of this Schedule is to

be deducted from any sum payable under sub-paragraph (1), that value being calculated after

removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in

substitution for existing apparatus of worse type, of smaller capacity or of smaller

dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is

placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of

apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default

of agreement, is not determined by arbitration in accordance with article 43 (arbitration) to

be necessary, then, if such placing involves cost in the construction of works under this Part of

this Schedule exceeding that which would have been involved if the apparatus placed had been of

the existing type, capacity or dimensions, or at the existing depth, as the case may be, the

amount which apart from this sub-paragraph would be payable to the statutory undertaker in

question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus must

not be treated as a placing of apparatus of greater dimensions than those of the existing

apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be

necessary, the consequential provision of a jointing chamber or of a manhole must be

treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to an statutory undertaker

in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus

provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to

confer on the statutory undertaker any financial benefit by deferment of the time for renewal

of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Co-operation

9.—(1) Where in consequence of the proposed construction of any of the authorised

development, the undertaker requires the removal of apparatus under sub-paragraph 5(2)) or a

statutory undertaker makes requirements for the protection or alteration of apparatus under

paragraph 6(2), the undertaker must use its reasonable endeavours to co-ordinate the execution

of the works in the interests of safety and the efficient and economic execution of the authorised

development; and each statutory undertaker must use its reasonable endeavours to co-operate

with the undertaker for that purpose.

Arbitration

10.—(1) Any difference or dispute arising between the undertaker and a statutory undertaker

under this Schedule is, unless otherwise agreed in writing between the undertaker and that statutory

undertaker, to be determined by arbitration in accordance with article 43 (arbitration).

51

PART 2

FOR THE PROTECTION OF OPERATORS OF ELECTRONIC

COMMUNICATIONS CODE NETWORKS

Effect

11. For the protection of any operator, the following provisions, unless otherwise agreed in

writing between the undertaker (as defined in Part 1 of this Schedule) and the operator, have

effect.

Interpretation

12. In this part of this Schedule—

“the 2003 Act” means the Communications Act 2003(a);

“conduit system” has the same meaning as in the electronic communications code and

references to providing a conduit system is to be construed in accordance with paragraph 1(3A)

of that code;

“electronic communications apparatus” has the same meaning as in the electronic

communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003

Act(b);

“electronic communications code network” means—

(a) so much of an electronic communications network or conduit system provided by an

electronic communications code operator as is not excluded from the application of the

electronic communications code by a direction under section 106 of the 2003 Act; and

(b) an electronic communications network which the Secretary of State is providing or

proposing to provide;

“electronic communications code operator” means a person in whose case the electronic

communications code is applied by a direction under section 106 of the 2003 Act; and

“operator” means the operator of an electronic communications code network.

On-street apparatus

13. The exercise of the powers of article 31 (statutory undertakers) are subject to paragraph 23

of Schedule 2 to the Telecommunication Act 1984(c) as if the undertaker were a “relevant

undertaker” for the purposes of that paragraph.

Enactments and agreements in respect of apparatus in the undertaker’s land

14. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement

regulating the relations between the undertaker and an operator in respect of any apparatus laid or

erected in land belonging to the undertaker on the date on which this Order is made.

Arbitration

15. Any difference or dispute arising between the undertaker and an operator under this Part of

this Schedule is, unless otherwise agreed in writing between the undertaker and that operator, to be

referred to and settled by arbitration under article 43 (arbitration).

(a) 2003 c.21. (b) See section 106. (c) 1984 c.12.

52

PART 3

FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

[TO BE AGREED]

SCHEDULE 11 Article 20

MODIFICATION OF COMPENSATION AND COMPULSORY

PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1. The enactments for the time being in force with respect to compensation for the compulsory

purchase of land apply, with the necessary modifications as respects compensation, in the case of a

compulsory acquisition under this Order of a right by the creation of a new right as they apply as

respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act

1973(a) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for

injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken” there are substituted the words “a right or

restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there are substituted the words “over which

the right is exercisable or the restrictive covenant enforceable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed

for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as

substituted by paragraph 5—

(a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over

or restrictive covenant affecting land consisting”;

(b) for the word “severance” there is substituted the words “right or restrictive covenant over

or affecting the whole of the house, building or manufactory or of the house and the park

or garden”;

(c) for the words “part proposed” there are substituted the words “right or restrictive covenant

proposed”; and

(d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the

compulsory acquisition under this Order of a right by the creation of a new right, or to the

imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition

under this Order of land, so that, in appropriate contexts, references in that Act to land are read

(according to the requirements of the particular context) as referring to, or as including references

to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act applies

in relation to the compulsory acquisition under this Order of a right by the creation of a new right

with the modifications specified in the following provisions of this Schedule.

(a) 1973 c.26.

53

4. For section 7 of the 1965 Act (measure of compensation) there is substituted the following

section—

“7. In assessing the compensation to be paid by the acquiring authority under this Act, regard

must be had not only to the extent (if any) to which the value of the land over which the right

is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition

of the right or the imposition of the covenant but also to the damage (if any) to be sustained

by the owner of the land by reason of its severance from other land of the owner, or

injuriously affecting that other land by the exercise of the powers conferred by this or the

special Act.”.

5. The following provisions of the 1965 Act (which state the effect of a deed poll executed in

various circumstances where there is no conveyance by persons with interests in the land), that is to

say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be

overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant

which is to be imposed is vested absolutely in the acquiring authority.

6. Section 11 of the 1965 Act (powers of entry) is modified to secure that, as from the date on

which the acquiring authority has served notice to treat in respect of any right, it has power,

exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the

purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this

purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are

modified correspondingly.

7. Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the

modifications necessary to secure that persons with such interests in land as are mentioned in that

section are compensated in a manner corresponding to that in which they would be compensated

on a compulsory acquisition under this Order of that land, but taking into account only the extent

(if any) of such interference with such an interest as is actually caused, or likely to be caused, by

the exercise of the right or the enforcement of the restrictive covenant in question.

8. Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is modified as to enable the

acquiring authority, in circumstances corresponding to those referred to in that section, to

continue to be entitled to exercise the right acquired, subject to compliance with that section as

respects compensation.

SCHEDULE 12 Article 46

PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.

Determination of applications for specified consents

1.—(1) Where an application has been made to the discharging authority for any specified consent, the discharging authority must give notice to the undertaker of its decision on the

application within a period of 8 weeks beginning with—

54

(a) where no further information is requested under sub-paragraph (2), the day immediately

following that on which the application is received by the discharging authority;

(b) where further information is requested under sub-paragraph (2), the day immediately

following that on which further information has been supplied by the undertaker; or

(c) such longer period as may be agreed in writing by the undertaker and the discharging

authority.

(2) Where an application has been made under sub-paragraph (1) the discharging authority

may request such reasonable further information from the undertaker as it considers is necessary

to enable it to consider the application.

(3) If the discharging authority considers further information is necessary and this Order does not

specify that consultation with a consultee is required, the discharging authority must, within 7

business days of receipt of the application, notify the undertaker in writing specifying the further

information required.

(4) If a provision of this Order relating to a specified consent specifies that consultation with

a consultee is required, the discharging authority must issue the consultation to the consultee within

1 business day of receipt of the application and must notify the undertaker in writing specifying

any further information requested by the consultee within 1 business day of receipt of such a request

and in any event within 21 business days of receipt of the application.

(5) If the discharging authority does not give the notification mentioned in sub-paragraph (3)

or (4) it is deemed to have sufficient information to consider the application and is not thereafter

entitled to request further information without the prior agreement of the undertaker.

Fees

(6) Where an application is made to a relevant planning authority for any consent, agreement

or approval required by a requirement listed in Schedule 3 (requirements) to this Order, a fee of £97

(or such other fee as may be prescribed in regulations made pursuant to sections 303 (fees for

planning applications etc.) and 333(2A) (regulations and orders) of the 1990 Act for the

confirmation by a local planning authority of compliance with a condition attached to a planning

permission) must be paid to the discharging authority.

(7) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

(a) the application being rejected as invalidly made; or

(b) the discharging authority failing to determine the application within 8 weeks from the

date on which it is received,

unless within that period the undertaker agrees in writing that the fee may be retained by the

discharging authority and credited in respect of a future application.

Appeals

2.—(1) The undertaker may appeal if—

(a) the discharging authority refuses an application for any specified consent or grants it

subject to conditions;

(b) the discharging authority does not give notice of its decision to the undertaker within the

period specified in sub-paragraph 1(1);

(c) having received a request for further information under paragraph 1(3) the undertaker

considers that either the whole or part of the specified information requested by the

discharging authority is not necessary for consideration of the application;

(d) having received any further information requested, the discharging authority notifies the

undertaker that the information provided is inadequate and requests additional information

which the undertaker considers is not necessary for consideration of the application.

(2) The procedure for appeals is as follows—

(a) the undertaker must submit to the Secretary of State a copy of the application submitted

to the discharging authority and any supporting documents which the undertaker may

wish to provide (“the appeal documents”);

55

(b) the undertaker must on the same day provide copies of the appeal documents to the

discharging authority and (if applicable) the consultee;

(c) as soon as is practicable after receiving the appeals documents the Secretary of State must

appoint a person to determine the appeal (“the appointed person”) and notify the appeal

parties of the identity of the appointed person and the address to which all

correspondence for the appointed person should be sent;

(d) the discharging authority and (if applicable) the consultee may submit any written

representations in respect of the appeal to the appointed person within 10 business days

beginning with the first day immediately following the date on which the appeal parties

are notified of the appointment of the appointed person and must ensure that copies

of their written representations are sent to each other and to the undertaker on the day on

which they are submitted to the appointed person;

(e) the appeal parties may make any counter-submissions to the appointed person within 10

business days beginning with the first day immediately following the date of receipt of

written representations pursuant to paragraph (d) above; and

(f) the appointed person must make a decision and notify it to the appeal parties, with

reasons, as soon as reasonably practicable.

(3) If the appointed person considers that further information is necessary to consider the appeal,

the appointed person must as soon as practicable notify the appeal parties in writing specifying the

further information required, the appeal party from whom the information is sought, and the date by

which the information must be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the party

from whom the information is sought to the appointed person and to other appeal parties by the date

specified by the appointed person.

(5) The appeal parties may submit written representations to the appointed person concerning

matters contained in the further information.

(6) Any such representations must be submitted to the appointed person and made available to

all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of Appeals

3.—(1) On an appeal under paragraph 2, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal

relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first

instance.

(2) The appointed person may proceed to a decision on an appeal taking into account only such

written representations as have been sent within the time limits prescribed or set by the appointed

person under this paragraph.

(3) The appointed person may proceed to a decision even though no written representations have

been made within those time limits if it appears to the appointed person that there is sufficient

material to enable a decision to be made on the merits of the case.

(4) The decision of the appointed person on an appeal is final and binding on the parties, and

a court may entertain proceedings for questioning the decision only if the proceedings are brought

by a claim for judicial review within 6 weeks of the date of the decision.

(5) Any approval given by the appointed person pursuant to this Schedule is deemed to be

an approval for the purposes of this Order and any other enactment which required the

specified consent as if it had been given by the discharging authority.

(6) The discharging authority may confirm any determination given by the appointed person

in identical form in writing but a failure to give such confirmation (or a failure to give it in

identical form) does not affect or invalidate the effect of the appointed person’s determination.

56

(7) Except where a direction is given pursuant to sub-paragraph 8 requiring the costs of the

appointed person to be paid by the discharging authority, the reasonable costs of the appointed

person must be met by the undertaker.

(8) On application by the discharging authority or the undertaker, the appointed person may give

directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal

are to be paid.

(9) In considering whether to make any such direction and the terms on which it is made, the

appointed person must have regard to [Communities and Local Government Circular 03/2009] or

any circular or guidance which may from time to time replace it.

(10) Where the undertaker appeals under paragraph 2—

(a) this Schedule applies instead of article 43 (arbitration); and

(b) in respect of any specified consent required pursuant to sections 54 to 106 of the 1991 act,

this Schedule applies instead of section 99 (arbitration) of that Act.

Interpretation of this Schedule

4. In this Schedule—

“the appeal parties” means the discharging authority, the consultee and the undertaker;

“business day” means Monday to Friday excluding bank holidays;

“consultee” means any body named in a provision of this Order relating to a specified consent

which is the subject of an appeal as a body to be consulted by the discharging authority in

determining that specified consent;

“discharging authority” means the body responsible for determining whether a specified consent

should be given or the local authority in the exercise of functions set out in sections 60 or 61 of

the 1974 Act;

“specified consent” means any—

(a) agreement, certificate, consent, permission, expression of satisfaction or other approval

required by—

(i) a requirement listed in Schedule 3 (requirements) of this Order;

(ii) a document referred to in any requirement listed in Schedule 3 of this Order; and

(iii) article 39(3)(b) (felling or lopping of trees or shrubs); or

(b) agreement, certificate, consent, permission, expression of satisfaction or other approval of

the highway authority, street authority (where it is also the highway authority for the

same area) or traffic authority required pursuant to articles—

(i) 9 (street works) (including pursuant to sections 54 to 106 of the 1991 Act as applied

by article 11(3));

(ii) 10 (power to alter layout, etc. of streets);

(iii) 11 (construction and maintenance of new, altered or diverted streets);

(iv) 12 (temporary stopping up of streets and public rights of way);

(v) 14 (traffic regulation); or

(vi) 17 (authority to survey and investigate the land).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises National Grid Gas plc (referred to as “the undertaker”) to construct and

operate a high-pressure gas transmission pipeline and associated infrastructure from Paull Above Ground Installation (AGI) to Goxhill AGI within the authorities of East Riding of Yorkshire and

North Lincolnshire

57

The Order permits the undertaker to acquire, compulsorily or by agreement, land and rights in

land and to use land for this purpose. The Order also makes provision in connection with the

maintenance of the network

A copy of the Order plans and the book of reference mentioned in this Order and certified in

accordance with article 42 of this Order (certification of plans, etc.) may be inspected free of

charge during working hours at the [insert address].

58

S T A T U T O R Y I N S T R U M E N T S

201[●] No. [●]

INFRASTRUCTURE PLANNING

The River Humber (Gas Pipeline Replacement) Order 201[●]

Made - - - - ***

Coming into force - - ***